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1988-05-18 Council Packet
Kenai City Council Meeting Packet May 18, 1988 I �, — - �OMk 7M► t;�+ FIRM lbw* *". ir�eE j �j;;..� 'M►+pl�t � 101i�Al,MMMn�1. - -—�'�,,�,�11�rR-�►f�Mln-�1tq�r�lyr-AIIMMj►c.,- 5, . ftedus" wo . Aw np ih jrot. 00064lot ;- � trwl �rNMn � �n M lhrnta �w11Mn • M�ok —' _ F-'AN j���fN�Mr LIINpt IJOMIM �1f�MMI MOMI . - �. O1D.Nl�IN�b:. - - niM �.: tiiilill i at UN-19.. `..: . 3. %ilot C&OW W" Map YIw pie M MMfI . b iolkow Mid 0-10 A '•, 4..• 4a ' J ' AGENDA MAI CITY COUNCIL - REGULAR MEETING MAY 18, 1988 - 7:00 PM A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non -controversial by the Council and will be approved by one motion. There will be no separate discussion of these items unless a Council member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the (12neral Orders. B. SCHEDULED PUBLIC COMMENT (10 Min.) 1. Sylvia Johnson, Council on Aging - Expansioq of ( Senior Center and Parking Area ' 1 \ , - C. PUBLIC HEARINGS') tr'C� 4 1. Ordinance 1257-88 • Amending Kenai Municipal Code, Title 1 - Increasing Amount of Time Acting City Attorney Must Serve Prior to Being Entitled to Minimum Salary forCity Attorney 2. Ordinance 125888 - Amending Kenai Municipal Code, Title 23 - Addition of Deputy City Attorney ,• ----3. Ordinance 1259-88 - Increasing Rev/Appns - Library 4. Donations - $1,700 Resolution 88-39 - Setting Percentage of Fair •--5. Market Value for Loses of City Lands Resolution 88-40 - Awarding Project, Concrete for Fuel System & Repairs at Public Facilities - Mack Masonry - $8,060 j 6. *Application for Now Liquor License - Katmai Motel D. COMMISSION/COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Economic Development Commission 4. Harbor Commission 5. Kenai Bicentennial Commission Ij 6. Library Commission 7. Recreation Commission S. Planning & zoning Commission 9. Misc. Comm/Comm E. MINUTES 1. *Regular Meeting, May 4, 1988 F. CORRESPONDENCE 1. *National League of Cities - Newslettor 2. *Larry Porter - Student Government Day G. OLD BUSINESS 1. -section 36 - Rezoning and vacation "7 -2. Extension of Land Fill 3. Senior Center Work Shop H. NEW BUSINESS 1. sills to be Paid. Bills to be Ratified -2. Exceeding $1,000 Requisitions 3. *Ordinance 1260-88 - Amending Kenai Municipal Code, Title 23 - Allowing council Discretion of setting Salaries of Exempt Employees 4. *Ordinance 1261-68 - Increasing Rev/AVpn8 - Senior Day Care Donations - $926 5. *Ordinance 1262-88 - Increasing Rev/Appns - Senior Citizen Donations $3,821 6. *Ordinance 1263-88 Replacing Tables in Personnel Regulations 7. *Ordinance 1264-88 - Adopting Budget, 1988-89 S. *Ordinance 1265-88 - increasing Rev/Appns - - Runway/Taxiway Overly$66,000 9. *oamas of Chance & Sk.111 - Kenai Peninsula Professional Mortgage Women 10. Discussion - Whitney Foods Lease Agreement, Dock Station #2 11. Discussion - Additional Funds Recreation Dept. I. ADMINISTRATION REPORTS 1. Mayor 2. City Manager 3. Attorney Clark 4. City 5. Finance Director 6. Public Works Director 7. Airport Manager J. DISCUSSION 1. Citizens 2. Council K. ADJOURNMENT COUNCIL MEETING OF COUNCIL MEETING OF F CITY OF KENAI '011 G� W 01 4"„ 210 FIDAL00 KENAI, ALABKA 96611 TELEPHONE 263.7635 MEMO TO: Kenai City Council FROM: Keith Kornelis, Acting City Manager FOR: Council meeting of 5/18/88 Administration recommends the following changes, additions, and deletions: B People who have requested to be added at "SCHBDULED Public Comment" include: B2 Marvin Dragseth: Right of way for fish waste pipe (See I-3 attorney report) B3 Steve Gregor, Last Frontier Insurance: City Insurance B4 Andy Sarisky: Salaries C3 Replace with Substitute Ordinance 1259-88: an increase in expected library donations. C5 Replace with Substitute Resolution 88-40 The new substitute now includes some miscellaneous concrete work to the little league dugouts which are desperately in need of repair. Many of the existing concrete blocks have fallen into the dugouts. The wooden stairs have become dangerous. There is a serious liability problem in that the dugouts are unsafe. G1 Section 36 - Rezoning and vacation information is being handed out from P & Z. 02 Delete this item. H2 Please add to Requisitions exceeding $1,000 the following: 1. PO to Peninsula Fence Co. for $6,497.68 for the new softball fence (some of which is partially completed) and repairs and replacement of damaged and stolen fencing for little league ball parks. Money has been budgeted and is available. 2. PO to Jahria Electric for $5,300.00 for the electrical hook up on the two new dock cranes at the boating facility and relocating existing lights. Money is budgeted in dock construction. 7 ge 2 3. Five different PO's for the floating dock on the river side of our concrete dock. This is for Nordic Marine Float which is what we presently have on the land side of our concrete dock. I received information on five different types of floating docks. The Harbor Commission and Public Works recommends this dock. A. PO to Nordic Marine, Inc. $ 6,221.00 B. PO to Viking Sales, Inc. 3,620.00 C. PO to Weiser Cedar Sales, Inc. 3,999.00 D. PO to Ancortes Marine Rigging, Inc. 2,955.00 E. PO to Lynden Transport 3,855.00 Nordic Marine, Inc. is building this floating dock and the others are material and fabrication vendors and the shipping company. t+ 3 F7 • C i , Suggested by: Administration SUBSTITUTE RESOLUTION NO. 88-40 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING: THE BID FOR THE PROJECT ENTITLED MISCELLANEOUS CONCRETE WORK TO MACK MASONRY CO. FOR A TOTAL AMOUNT OF $10,060.00. i WHEREAS, the City of Kenai received a bid from the following firms on May 13, 1968: - FIRMS DID PRICE ` FUEL TANK RISPENSER NAINT, WM.STOR. CONTAIN. ISLAND SHOP SLAB BLDG, #3 BASIN SLAB Mack Masonry Co. $2,500.00 $700.00 $4,600.00 $260.00 HG Construction 3,700.00 950.00 5,600.00 350.00 Whereas, it was determined on May 18 that Mack Masonry will perform miscellaneous repair work to the little league dugouts for a price of $2,000.00, and WHEREAS, the original appropriation of Federal Revenue Sharing monies was for concrete repair of curbs, gutters, and sidewalk, and excess monies exist to allow for the repairs of public i facility, and ' - - WHEREAS, the Council of the City of Kenai and the Public Works Department feel that it is in the best interest of the City of Kenai to award this project to MACK MASONRY CO., and WHEREAS, sufficient funds are appropriated. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the above project be awarded to Mack Masonry Co. for a total amount of $10,060.00. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18th day v of May, 1988. JOHN J. WILLIAMS, MAYOR ATTEST: Janet Ruotsala, City Clerk Approved by Finance: Written by Public Works: I AI M C-3 SUBSTITUTE Suggested by: Administration City of Kenai ORDMMOCB NO. 1259-88 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $1,900 IN THE GENERAL FUND FOR LIBRARY BOOKS. WHEREAS, the City has received approximately $1,700 as library donations and for lost and damaged books that has not been appropriated; and WHEREAS, the City expects to receive an additional $200 in this category through June 30, 1988; and WHEREAS, the Librarian has asked that this money be appropriated for the purchase of books. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: General Fund Increase Estimated Revenues: Library Donations $1,900 Increase Appropriations: Library - Books $1,900 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18th day of May, 1988. JOHN J. WILLIAMS, MAYOR ATTEST: Janet Ruotsala, City Clerk First Reading: May 4, 1988 Second Reading: May 18, 1988 Effective Date: May 18, 1988 Approved by Finance: (4/25/88-) jal . .� y 1 ; �ww •rNIN\YLA �NINT) PURCHASE ORDER CITY OF KENAI RITE- VENDOR LDENROD • ACCOUNTING 210 FIDALQO ST. PHONE 283.7638 NARY • ACCOUNTING KENAI, ALASKA 99611 BLUE • SHIPPING & RECEIVING BEEN • APPROVED COPY PINK •REQUISITIONER Of VENDOR NO. PENINSULA FENCE CO. Ordered by ,t'; TO Date Contact Phone SHIP VIA: BY iW01— THIS PURCHASE ORDER NUMBER MUST APPEAR ON All PACKAGES AND PAPERS RELATING TO THIS PUR• CHASE. No. 05/18/88 UVNT DAIS PREPAY SHIPPING • CHARGE SEPARATE ON INVOICE ' ° ° ,Er OUDU'gN PURCHASES AUTHORIZED ONLY WHEN SIGNED ABOVE BY THE FINANCE DIRECTOR OR HIS AUTHORIZED AGENT ITEM NO. DESCRIPTION OR ARTICLE pm"p UNIT UNIT PRICE AMOUNT FURNISH & INSTALL OUTSIDE PRIMETER FENCE $ $4,922.1 FOR SOFTBALL FIELD INCLUDING 5' CHAIN LINK FENCE TO MATCH EXISTING SPECS 570 FT 9' SWING GATE 1 EA REPAIRS AND REPLACEMENT OF BROKEN, DAMAGED AND STOLEN FENCING FOR THE LITTLE LEAGUE BALL PARKS 1,575.0 LABOR, EQUIPMENT AND SMALL PARTS FOR MUCH O THE MISCELLANEOUS WORK IS BEING DONATED BY PENINSULA FENCE. + STATEMENT BELOW READ OR MAILED TO VENDOR. PO is for all cost & freight to Kenai .,,,_Freight for this PO is on PO M, TOTAL NO ADDITIONAL COSTS WILL BE PAID WITHOUT AUTHORIZATION & NEW PO PRIOR TO DELIVERY. DEPARTMENT 106. 50. 8098 $6, 497.68 �G/I1� evV/VC 14- Br VWJUMMY MAD L el CI g} *•" -..- "., „olitlo OtAM'f PRNINWM PRINTING t r ' I PURCHASE ORDER - CITY OF KENAI HITE • VENDOR 210 FIDALQO ST. PHONE 283.7638 ANARY-ACCOUNT ACCOUNTING KENAI, ALASKA 99811 BLUE • SHIPPING & RECEIVING " REEN • APPROVED COPY PINK • REQUISITIONER If VENDOR NO, r— l JARRIG ELECTRIC Ordered by ' Date " TO Contact„_, - -- - -- - Phone i SHIP VIA, BY THIS PURCHASE ORDER j NUMBER MUST APPEAR ON All PACKAGES AND PAPERS RELATING TO THIS PUR- 044%. No, „m 05i18/6e uVINY VAu d PREPAY SNIPPING • CHARGE toe PURCHASES AUTHORIZED ONLY WIZEN SIGNED ABOVE 6Y SEPARATE ON INVOICE THE FINANCE DIRECTOR OR HIS AUTHORIZED AGENT ITEM NO. DESCRIPTION OR ARTICLE °WiM1ly O4DEtt0 UNIT UNIT PRICE AMOUNT FURNISH MATERIAL AND INSTALL ELECTRICAL FOR THE $ $ TWO NEW CRANES ON CITY DOCK INCLUDING RELOCATING EXISTING LIGHT FIXTURES AND TWO ADDITIONAL LIGHTS AND INCLUDING FURNISHING UNDER DOCK SCAFFOLDING HANGERS CITY TO DO CONCRETE CORE DRILLING NOT TO EXCEED 8,300,C STATEMENT BELOW READ OR MAILED TO VENDOR. PO is for all cost & freight to Kenai ,Freight for this PO is on PO M_�,_,. NO ADDITIONAL COSTS WILL BE PAID WITHOUT TOTAL AUTHORIZATION & NEW PO PRIOR TO DELIVERY. DEPARTMENT O Isr— CovNcrL R46.SQ.849$ $5,300 40 �1fBY A MEW"UP r !MI PIY • pfI/N'/ I�iNIN/Y�YNINTIf 0 f 3 � PURCHASE ORDER CITY OF K E N AI THIS PURCHASE ORDER HITE • VENDOR NUMBER MUST APPEAR ON IDENR00 •ACCOUNTING 210 FIDALGO ST. PHONE 283.7638 All PACKAGES AND PAPERS NARY • ACCOUNTING KENAI, ALASKA.99611 CHASE. TO iH18 PUR• CHASE. BLUE • SHIPPING & RECEIVIN BEEN • APPROVED COPY NO. INK • REQUISITIONER D� 05/18/88 VENDOR NO. 1 NORDIC M11R=NE Ordered by� _ CONSTRUCTION. INC. Date TO ATTN: ROLAND HALVERSONContact__,___ 606 CEDAR STREET Phone MARYSVILLE, WA 98270 SHIP VIA: BY { Ivin oAff PREPAY SHIPPING • CHARGE P O e "GOUDIMIDN PURCHASES AUTHORIZED ONLY WHEN SIGNED ABOVE BY SEPARATE ON INVOICE THE FINANCE DIRECTOR OR HIS AUTHORIZED AGENT ITEMNO. DESCRIPTION OR ARTICLE 060111OfpIfET UNIT UNIT PRICE AMOUNT . D FOR FLOATING DOCK AT CITY'S BOATING FACILITr 4 $ $6,221.0 CONSTRUCTION, LABOR & DESIGN INCLUDING °^.. INSTALLATION OF TIRES ATTACHED TO FRONT WITH 7/16" X 6" GALVANIZED LAG SCREWS & WASHERS, ALSO Z" X 19" FACING AND CLEATS ALONG DOCK - - -a - - STATEMENT BELOW READ OR MAILED TO VENDOR. _ :zF0 is for all cost & freight to Kenai reigbt for this PO in on PO M NO ADDITIONAL COSTS WILL BE PAID WITHOUT AUTHORIZATION & NEW PO PRIOR TO DELIVERY. TOTAL $6.aa1.00 a06.50.8098 $6,821 00 MT IHMD ,1 T- M1L,` I.YUt11► 1 OtAN't ►tMINNYLA POINTING PURCHASE ORDER CITY OF KENAI THIS PURCHASE ORDER HITE • VENDOR NUMBER MUST APPEAR ON LDENROD • ACCOUNTING 210 FIDALQO ST. PHONE 283.7636 All PACKAGES AND PAPERS AI •ACCOUNTING KENAI, ALASKA 99811 c To THIS vuR• BLUE • SHIPPING d RECEIVING NO. BEEN - APPROVED COPY INK - REQUISITIONER Don 05/18/86 VENDOR NO. (— VIKING SALES, INC. Ordered by A.- 9324 STATE AVE. Date TO SUITE 261 Contact MARYSVILLE, WA 98270 Phone SHIP VIAL BY uvur nra 1 PREPAY SHIPPING CHARGE roe vt.ououraN PURCHASES AUTIK)R12EDONlY WHEN SIGNED ABOVE BY SEPARATE ON INVOICE THE FINANCE DIRECTOR OR HIS AUTHORIZED AGENT ITEMNO. OESCRIPTIONORARTICLE ""I OUANm1D UNIT T PRICE UNIT Av FOR FLOATING DOCK AT CITY 18 BOATING FACILITr $ $3,620.0 9 CHAINS, PVC PIPE & HARDWARE TO ATTACH TO FENDER PILES — STATEMENT BELOW READ OR MAILED TO VENDOR. PO is for all cost & freight to Kenai ?Freight for this PO in on PO N TOTAL NO ADDITIONAL COSTS WILL BE PAID WITHOUT AUTHORIZATION & NEW P rl � 11 f i 1 L 0 PRIOR TO DELIVERY. 0 DEPARTMENT BY eva AA44- - D1,iur r 1AD L ps..11MO 1 iOwaN's mus"/YM TNINTINO j .. (3) FURCHASI ORON 2� CITY OF KENAI tA ITE • VENDOR 210 FIOALOO ST. PHONE 283�7538 DENROD • ACCOUNTING KENAI, ALASKA 99811 "i ARY • ACCOUNTINGE • SHIPPING& RECEIVINEN • APPROVED COPY K • REQUISITIONER VENDOR NO. r WEISER CEDAR SALES, INC.rdered bye,^ BOX 165 Date TO MARYSVILLE, WA 98270 Contact - - g Phone JI L .J F PURCHASE ORDER BER MUST APPEAR ON PACKAGES AND PAPERS TTIING TO THIS PUR-05/18/88 SHIP VIAc BY / ° ��OUO1Af �orl PURCHASES AUTHORIZED ONLY WHEN SIGNED ABOVE BY n� a'll PREPAY SNIPPING •CHARGE SEPARATE ON INVOICE QUANTHE FINANCE DIRECTOR OR HIS AUTHORIZED AGENT I1EM NO. DESCRIPTION OR ARTICLE 110 UNIT UNIT PRICE AMOUNT FOR FLOATING DOCK AT CITY'S BOATING FACILI $ $3,999.0 ALL TREATED WOOD 40 YEAR LIFE FIR 62 OR BETTER (ESTIMATE $660/8F) STATEMENT BELOW READ OR MAILED TO VENDOR. PO is for all cost it freight to Kenai Z8reight for this PO is an PO N_____,_. NO ADDITIONAL COSTS WILL BE PAID WITHOUT TOTAL $3�ggg�00 AUTHORIZATION 6 NEW PO PRIOR TO DELIVERY. -- /�D'�'w� DEPART MEN _ 1098 $31-999 00 g / Olv—W T MMO awlirN. OSAN'� �tNIN�Yt1A �NINTI.NyO + 11 PURCHASE ORDER CITY KENAI �F THIS PURCHASE ORDE RITE • VENDOR NUMBER MUST APPEAR ON lOENROD •ACCOUNTING 210 FIDALGO ST. PHONE 283.7638 Att PACKAGES AND PAPERS NARY • ACCOUNTING KENAI, ALASKA 99611�EG To THIS Pua. UE • SHIPPING & RECEIVIN REEN • APPROVED COPY N05 18/88 INK •REQUISITIONER Of Om� VENDOR NO. �'- ANCORTES MARINE Ordered by RIGGING, INC. Date TO BOX 1019 Contact ^„^_ ANCORTES, WA 98221 Phone SHIP VIA: BY uVlw OAll PREPAY SNIPPING • CHARGE toe Pt,o""m PURCHASES AUTHORIZED ONLY WHEN SIGNED ABOVE BY SEPARATE ON INVOICE THE FINANCE DIRECTOR OR HIS AUTHORIZED AGENT DESCRIPTION OR ARTICLE GUAN1ITEMNO. owello UNIT UNIT PRICE AMOUNT FOR FLOATING DOCK AT CITY'S BOATING FACILI $ 02,955.0 FABRICATION & GALVANIZING OF 38 EA - 5/16" HINGES 6.8 SETS OF 4 HINGES PER SET INCLUDES SCHEDULE 80 PIPE & PINS WITH 32 BACKING PLATES 9 EA - 16" INSIDE DIAMETER PILE HOOPS HOT D P GALVANIZED INCLUDES 5' PIPE EXTENSION RUNNING THROUGH DOCK WITH 5/16" BACKING PLATE. DESIGNED TO BE DETACHABLE STATEMENT BELOW READ OR HAILED TO VENDOR. is for all cost & freight to Kenai Freight for this PO is on PO N :;!O TOTAL 1$2,955.0 NO ADDITIONAL COSTS WILL BE PAID WITHOUT AUTHORIZATION & NEW PO PRIOR TO DELIVERY. 0 DEPARTMENT c�e6u - - - - 5-/1 g/ O� BY OEVMiN1t NO1tl�10y OiaN'% PiNIN/YM PRINTING - - -- - 1-i - 71 _7 • . ni 7 7- i C F PURCHASE ORDER ` CITY OF KENAI THIS PURCHASE oRofR fN • 4CNDOR NUMBER MUST APPEAR ON f ENftGD •ACCOUNTING 210 FIDALQO ST. PHONE 283.7538 ALL PACKAGESANDPAPERS 111 RY • ACCOUNTING KENAI ALASKA 99611 CHA G To Tllls FUR. �i SHIPPING & RECEIVIN NO. • APPROVED COPY 05/18/86 REQUISITIONER Dom/ VENDOR NO. 1 LYNDaN TRANSPORT, INC. Ordered by ATTN : GARY Date - TO (206) 575-9530 Contact._ Phone _ - SHIP VIA; IIY I - uvIev v�u PREPAY SHIPPINGNINV CHARGE No otbtApN TPURCHASES E f FINANCE DIRECTORAUTHORIZED 9 HIS ONLY WHEN SIGNED IGNE GEBNOTVE BY SEPARATE ON INVOICE EWANIIW UNIT UNIT PRICE AMOUNT ITEM NO. DESCRIPTION OR ARTICLE wun DOCK AT CITY'S 80ATING BACILI $ $3,855.0 r� q r. . a^ Af. i i� 9- f FOR FLOAT FREIGHT FROM MARYSVILLE, WA TO KENAI DOCIt HIM. 2500N 11.07/100R SBELOW READ OR MAILED TO VENDOR. r for all cost A freight to Kenai rXIN ,_Freight for this PO is on PO N_ NO ADDITIONAL COSTS WILL BE PAID WITHOUT TOTAL __AUTHORIZATION_6c_NEW.PO PRIOR TO DELIVERY. 1$3,855.00 - ,� DEPARTMENT 206. 50.8098 $3, 855 1 00 Q/ g2j BY oEVAtt tMtno - - - - L L MAY 18, 1988 INFORMATION ITEMS 1 - TO DO List-- 5-4-88 2 - Sen. Fischer, Rep. Navarre, Rep. Swackhammer - Reappropriation, Legislature 3 - Soldotna Chamber of Commerce Newsletter - May 1988 4 - UAA Training Bulletin - Mining & Petroleum Training Service 5 - Kenai Borough Agenda - May 3, 1988 6 - AK Conf. of Mayors - Positions on Legislation 7 - Library Report - April 1988 8 - TO DO List - 5-11-88 9 - Kenai Borough Agenda - May 17, 1988 10 - Transfer of Funds Under $1,000 - April, May 1988 it - News Clipping - Fred Meyer a a I Xy, '-C31 10 91 a 1 -2 Q 0 %a as b Vj a I I c 2 cm olso 0 .4 4 3i, TOTAL MEALS SERVED 0 0 0 m z a U3 H n En no rnEn rn ca H C) �n Irn O MEALS PER DAY LAW OFFICES BIRCH. HmTON. BITTNER, PESTINGER AND ANDERSON A PR016SSIONAL CORPORATION .127 WEST SEVENTH AVENUE - ANCHORAGE. ALASKA 99501 - TELEPHONE 49071 87E-1860 - TELECOPI6R 1907) 876-8828 - TELEX 86.358 119VIN J. AN0[11{0N NIM DUN" STANLCY T 441PS aMtRIDAN STRICKLAND-- LLOYO M AND1R10N-- tole A tIStA/l Jt17otY S. LOWIN/6L649 JONATHAN L TILUNOMAIT WAN" L SA"I JDSCPH W EVANS" Jt7Io1Y M. MILttR- DANIEL W WCST1116UR0 010NA►0 0. WILLIAM SI OARN6N' 011CHALL J. PARIRt R HtNM/ WILSON VOWAM N. OMNLM- JOHN T1 4R1000" tUZANNt e- P6STI14061199 KATHRYN A SLACR RIC"ARD 0, MAOOART" '"NOTNY J. PCTUM91406 CORM R 60111016oN MAL N. HORTON" MARCT N. RtH1161109019 "00maY S. CARMAN" MARC Tt JUNC Mic"A1L K RtUSINO J069M1 M, CIIOMIRI-- PAMLLA IL KVA9V [LISAs1T" H. mos" -D.C. OAR ONLY ►ATRICII s, COLS MINDY R RORNatROv- L sUDO 111"010N --O.O. AND ALASNA SAN ►AUL L. DILLON OAR► N, ISTCN6N 6T611N1" A SON91469N ALL OT"1R1 ALAIMA OAR ONLY r. . Writer's Direct Dial Number (907) 263-7�220 May 18, 1988 Mr. Marvin Dragseth Royal Pacific Fisheries P. 0. Box 4609 Kenai, Alaska 99611 VIR6T NATIONAL RANK BUILDING 100 CUSHMAN ST0961l 6UIT6 ill IAINItANK6, ALASRA 66701 19071 464-1660 TELeCORaR 19071 Age -goes ON6 SCALASMA PL.ARA. 6UIT6 301 JUNCAU. ALASNA 00001 19071 006.8000 MCCOPIER 19071 866.9214 IIs% CONNCCTICUT Avg., N.W. sU1Tt 1*00 WASNIN6TON, O. C. 110020 IROSI Gas-s600 TLL6COPICR I60e1 411116-lop Re: Request for Use of Right of Way for Pipeline/City Attorney Opinion Dear Mr, Dragseth: I have reviewed the opinion of Timothy 0. Rogers, City Attorney for the City of Kenai, dated May 12, 1988 with regard to your request for use of a public right of way for the effluent pipeline which is a prerequisite to your operation this season as per the directive of the Department of Environmental Conservation. We are of the opinion that the City of Kenai does have the authority to allow you to use the city right of way for your pipeline. We note Mr. Timothy's concerns and believe that all of them can be taken care of contractually or by ordinance. First, it is true that a municipal corporation does hold the streets and public ways in trust for public use. However, as Mr. Roger correctly points out, the state of the law is such that there are no statutes specifically authorizing private use of municipal right of ways nor are there are prohibitions against the municipality granting a private use of a public right of way. As Mr. Rogers concludes, the city assembly can -enact -an ordinance -allowing the use you -contemplate. See Boyden v. Walkley, 71 N.W. 1099. y,ji, $INCH. HORTON. BITTNER. PE AR AND ANDERSON A VROV6/91014At COh. 4RAT10N Mr. Marvin Dragseth �f May 14, 1988 Page 2 Our review of the available case law indicates that there are a number of distinctions which are made by courts and city councils with regard to private use of a public right of way. First, most of the case law presents situations where the private use of the public right of way actually infringes upon the public use of the right of way. Therefore, in the case .cited by Mr. Rogers, Armbruster v. Wildwood, 41 F.2d 823, the construction of a broadwalk along a portion of a city street which prevented access to a public beach was not allowed. These -- cases seem to indicate that some private uses of a public right ,y of way amount to public nuisances. Such would clearly not be the case in your instance as the pipeline in question would be buried _ and would not obstruct ingress and egress to lands owned by the City of Kenai by the public nor any other public use of the yf right of way in question. �i in short, a great distinction seems to be made between private uses of public right of ways which present obstructions .. and private uses of public right of ways which do not present obstructions. in those cases, the question becomes "are the uses unreasonable, and do they make the streets unsafe for public use" 3 McQuillin, Municipal Corporations, S 30.74 citingi Pickrell v. Carlisle, 135 Ky. 128p 121 S.W. 1029. McQuillin also notes, at the same section - Another point to be considered is whether the encroachment is on the surface of the street or is above or below the surface. Much greater latitude is generally allowed in regard to encroachments above [meaning extremely high] or below the surface of the street ... -� ibid, S 34.74 at 776. Finally, with regard to the authority cited by McQuillin, it is also clear that a private use of a public right of way is often permitted so long as the appropriate public -- authority retains the right to use the right of'way despite the - encroachment by the private user. See Hatfield v. Straus, 189 Ny 208, 214, 62 N.E. 172; McMillan v. Klaw and Erlanger Co., 107 App. Div. 407, 4111, 95 N.Y.S. 365, Kellog v. Cincinatt Trash } and Co., 80 Ohio S.T. 331, 350, 86 N.E. 882. As to -t_he individual problems which Mr. Rogers raises, Y believe all of them can be satisfactorily answered. First, _ Jim Cross, who helped engineer and plan the pipeline route, is _ certain that there is enough room within the right of way for the III L S!M:H, MORTON, BITTNER, PE: AR AND ANDERSON • A pnor"GIONAL C011►DI.AToON Mr, Marvin Dragseth j May 14, 1986 j Page 2 l pipeline, despite the language of KMC 16.27 which provides for a specific location for each public utility assigned within a right E of way. Second#,you have the ability to indemnify and protect the City of Kenai from any damages or claims resulting from the placement of the affluent pipeline into a public right of way. Third, the use of the right of way need not be a permanent (i.e. forever) thus enabling the City of Kenai to reserve to itself the right to use the area should a highef and greater public need arise. In fact, leasing the right of way to you would enable the city to protect itself by way of indemnification, receipt of a nominal payment for the benefit of the public and enableing twenty retain the right t use the right of way at a later date. Marvin, in short, we do believe that the City of Kenai does have the right to authorize you to use the public right of way for a private use. Given the impact of the closure of your operations on the City of Kenai, we believe much public good will derive from the construction of the pipeline. The fact that your pipeline is underground and can actually fit in the existing right of way as well as the fact that a properly prepared document will indemnify the city and allow it to retain the right to use the public lands should remove the concerns of Mr. Rogers with regard to construction of the affluent pipeline which is necessary for you to continue to run your facility in the City of Kenai. Sincerely, BITTNER, ANDERSON els JBL/ma tom' - LAST r FRONTIER INSURANCE LAST • FRONTIER INSURANCE Steve Gregor 44096 Stetling Highway • Suite DA • Soldotna. Alaska 99889 - - --_-.-.-_--- --- - - -- - `- on282.5828 • TELEX 902.5161 • FAX(907)283.5284 11087 Frontage Road I Kenai, Alaska 996111(907) 283.75911 Telex: 902.5151 44096 Sterling Highway I Suite O I Soldotna, Alaska 99M 1(907) 282.68281 Telex: 902-5151 AWAlaska National I N B U A A N O■ C O M P A N Y A policy o/ service and protection April 211 1988 Steve Gregor Last Frontier Insurance 10543 Kenai Spur Hwy, Suite A Anchorage, AK 996U Res City of Kenai, Insurance Program Dear Stever Thank you for you submission of the above referenced account. I am looking forward to working with you and the City of Kenai in setting up a viable insurance program. Alaska National use to write a portion of this account back 6 or 7 years ago but we have not been favored With a chance to entertain writing their insurance program since then. As you know, Alaska National Insurance Company is the largest writer of commercial lines business in Alaska with premiums written of 45 millon, of which 5-6 million is in municipality and school district insurance. Also Steve, we have, in my opinion, the best group of epfety engineers in the state of Alaska to assist our insureds in the area of lose control and prevention. Steve, based on the information you sent me on the package and worker's comp from last year, it looks like I could have Saved them approximately $20-40,000. As we discussed, without past loss Information it was difficult to work up anything other than tentative premiums on the liability and workers' comp. Also, without -the auto schedule and losses, I could not work up premiums on the auto or umbrella coverages. I would like to write this account. I feel that Alaska National has the expertise and service capabilities to provide you and your insured with a beneficial insurance program. RECEIVED ADO 2 51985 Tool Jewel Lake Road • Anchorage. Aleeke 99502 9 Telephone (907) 248.2842 • Telex (090) 25456 • FAX 2484100 Letter to Steve Qregor Last Frontier Insurance Page 2 • (food luck in becoming the city of Kenai's Broker of Record. I am looking forward to working with you on this fine account. Sincerely$ Oe Wayne Gardner Vice President cat Bob Whitmareh — Marsh 6 McLennanp Inc. WG/rij 1 �a 05/18/88 12:67 Govi 276 2582 MARSH MCLENNAN (�I003�01'1 s (, MARSH 6 McLL►NNAN s INC- ANCHORAGE OTFIC8 REVERENCE$ * Mr. NoWurd Cutter Alyeeks Pipeline Cumpany 265-6798 O * Mr. Desl Mayo Matanuska-Susitna borough 745-4801 Mr. James Clark Bristol Bay Borough 246-4224 j Me. Bonnie Olson City of Unalaska $81-1251 ' * Me. Vicki Ratchye Enstar Natural One Cumpany 264-37$3 e Mr. Terry Reimer Calieta Corporation 279-5316 r; Mr. Harry Sjoberg Municipality of Anchorage 264-4205 t -- -- ..... 1 r Consultants. If you call thew please be sure to ask their opinion of this branch of NMI also. i 6 i 4 �J# 06/18/88 12:57 U�.os 276 2682 MARSH MCLENNAN 0002/017 ROBERT M. WHITHARSH Vice Presidents Manager of Anchorage Office Mr. WhItmarnh has uvvc tell (10) years with Harsh 6 McLennan, During his sLightovu (16) years In the Inouranco industry, he has been an underwriter fur a national company in Washington and California, an Account Executive for a regional brokerage firm in Alaska, an Account Executive fur Marsh G McLennan, and the Anchorage Manager for Marsh 6 McLennan for the lost three (3) years* His account responsibilities have included large Alaskan accounts within both the public and private sector. These have Included Boroughs. Cities, Native Corporations, Labor Unions, Contractors, Utility COMPOPIGS0 and oil related risks. He received his B*A, degree from Western Washington State College has completed the United Pacific Training Course, has completed the 11A courses and has attended numerous apecifIc Risk 9sminars. I '. ♦+'n 84{80i88 08:44 Wv# 276 9682 MARSH MVLGNNA�,.- .ror .. r' f �'/• 1.1� } 1' :•,4 , ' cntf^•tis. •tli \,}I, •.••'+4yp,;. 1..t_.dlri"n.4•,a:gP.- .. Ms lc.:' .j 14q. k Q.. R \,\' J1'�,. � l '•i �:r •'(:ir } f'},. n, ..tp " r•.. • .l•• , •�,� ti • ;l SHIRLEY COULSON ' Account Executive, Anchorage Office. I _.. -•,:, - - ' Shirley has been Involved tvith insurance and risk management in Alaska for - twelve (121 years. , Shirley Is currently obtaining her Certified Insurance Consultant (CIC) designation. She attended Central Woshington University. She has completed several Insurance and risk management courses Including a three week commercial lines school at Sefeco Insurance Company. - Shirley's Alaska experience has Included dealing with ' or being part of the Insurance and risk management programs tor: City of tinalaaka ; Alyeska Pipeline Service Company Bristol Day Borough 6 School District Bnsearch, Inc. 1 Carr•Gottsteln Properties, Inc. ' Alescom rf Kenai Peninsula Borough 6 School District Anchorage Municipality i Matanuska Sualtne Borough City of 1lnalaklest Shirley joined Marsh & McLonnen, Inc. in November, 1966. Prior to joining Marsh 6 McLennan, sho was an officer of another national brokerage firm In Alaska, handling their large accountse d t c .. .s ,•. •' ••t.7'��.\' t. t ,•' • •{ i•' •. i i. ' 1 iv 11 1.•I..ii 1:1.1 �!I •li..• 1:1+1,,. '..J'\"1••, f'it1 • Iri%•{11•/iaii•�rl."\.'i•18y .�M: A•�.•• • YtH�.O•'1ii• •I• , 7 111111101 r .04i30188 08145 guoi 278 2682 MARSH MCLENNAN 0004i006 P.O. BOX 196650 municipality � .�,�� ANCHOAAGG. ALASKA 99519.8850 41 +!� w (907) W-4201 !� r � Anchorad.� TOM!'INK. MArOA 01PARTMSNT o' PINAUG11 CONTROLLER DIVISION Risk Ma"SoAmMt s"10" Tebruary 25, 1998 To Whom it May Concerns March a Male f Anchorage- forage a in this o pe itY =lnnur&nce have dependedtan MuniaipalitY of them to solve various insurance and risk management aancerns. ilY The i Anchorage aoffice otaff Shirley Coulaont have certainly dMarch & ons a finejob, Whitmarah and exceeding our expectations. They liave alway r easing the load Po ourt officeses Itohas been knowledgeable manner a pleasure working Uth them. 11 V E 1 .04/80/88 08:44 Um glu 2582 1 MARSH MCLENNAN t�j003i00b CITY OF UNALASKA t P.O. Box w YNALAINA.ALABKA 09M I 1e011 eel -figs o "Capaill al lie tAfftilaps" RAY 3 0 r 19 87 UNAI ARM. ALASPA Shirley Coulson Account Executive A.o. cox 903070 Anchorage AK 90509-3070 ; Dear bllirleye . I Wal►tfti to thank YOU for the hospitality extandau to file WILIC I was in Anchorage. As I continue to work in tl►a this field 01: =[lick 11anagement and InGurancw I nAve� uulike to a rein appreciation o1. your penchant Cot education• This is Such a now field and there it1 eo aluoll to learn, 1 valuo Your dOul re to teQuil your clicllitu uo t1laC. t1ley will be able to make t1l9ir det:ietionu Wood oil good Bound knowledge. You sea be Guru t1lat I will bo revieviing your suggestions on how to ottoAmliur cur inAurance proyeam and out [coats. I was greatly interetstod in the Parsollnel organization that you mentioned while I wee theres yyI would very much like to lent" fRoce ally otherm anti groupstlorpossibilitorganizations thatof llyou think that IftBighte are benefit krmr lague lot ale know, ailirloy, again, thank you for your hospitality. flincetsely • w • honnis 0leon Clerical AdoidtUnt F•.04!1��r88...�6. �►du ,'1 .269� MARSH M4LFNNAN., •�; •+e! - ,%artll'.•i!'r•f.vY i«MM� e,:. r ••. �yt .. n.'i7 P i{ir•R f - . 4 :..tli=JY • N„..P W 1t,t ...4 •.. .d', Sul'„ n y,�t„,.......•,:.�..;,..�.�eQ,�e„e6_ Y• y dIM � CMlllt 1�/1 �M�tN eOnaIONMANWRII . ter"/ February 29, 1988 1 f, i• 4 ' 1 4-• To WHOM IT MAY CODiCBMI RES Shirley Coulson Mrs. ehirlsy Coulson hall been the insurance Broker for erlNtol Day Borough thO past 8 years. She ban worked tigelessly LU her 09fo>`ts to provide i outanee coverage fat the Borough and 60h0e1 District during this time. Her eigorte have been MY beneficial to the Borough and school pistriot in securing insurance coverage Vith very comnetitL" premiums. Shirley Mops. us posted on all out poliai.es and constantl searche■ got insurance pRoksgss to cover Any neN eove"ge headed through out the year. Her promptness to any inquiry ham been valuable to us. $he Works very closely with us Oft all our Cuntraots to. insure that the contractor has ALL naaessa:y insurance Coverage. Without hesitation or doubt T highly recommend Shirley Coulson - oind goal that she Will do an excellent job gor anyone she serves. ereZy� ' Jim D. Clark 50rou9h Manager i Wt k. - --- :1:A i • :V" _ * 01; H, s t� v r 05/18/88 12:68 'iiv i 276 2682 MARSH MCLENNAN IN-HOUSE RISK MANAGEMENT 8ERVICE9 Management of risk is an ongoing concern in all fields of commerce and industry. While at one time the purchase of insurance Was and may have adequately addressed the needs of businesses, today's insurance buyers, by necessity, are involved in every stop of the risk management proeass. A comprehensive risk management program analyses poaaible exposure to loud, reduces loss potential and protects financial assets. often certain risks can be avoided while others can be modified to liuilt frequency or financial coneequences. Many times,, as busUives becomse more complex, as informed decision is best made with the assistance of experienced specialists. Marsh 6 McLennan, the world's leading insurance broker, provides coordinated access to needed expertise through our consulting and risk management resources which consist of distinct units of dedicated specialists in varying fields. We have developed our capabilities over the years to an extent that is unparalleled in the insurance brokerage industry. Our consulting and risk management resources, described in the pages 1p the .City of Valdes ry risk management program. 93004/017 05/18/88 12: 68 U yU l 276 2582 MARSH MCLENNAN RISK MANAGEMENT SERVICES • Claims Management Services {{ • Clayton Environmental Consultants • National Economic Reeearch Assoclatea _ ._ • structured Settlement Services • Market security Analysis _. " '"( • Risk Management Services (RMS) Client information Services (028) (RIMSTAR) • Management Services Group (Captives and Reinsurance) Risk Assessment Consulting Group (Environmental) a k • Strategic Risk Consultants • M&M Nuclear Consultants ! • M6X Protection Consultants I� 006i017 i i 11 Vof SO/00 14: DO G. cIV c.V.L �d. Ilnlwll IKLI,PUII'a r-- WVVV' V1I CLAYTON gNVIBONMBNI'AL CONSULTANTS, INC. Clayton Lnvironmental Consultants. Inc., a subsidiary of Marsh 3 McLennan* provides an environmental protection service facility which is unique in the inauranee brokerage field, This highly qualLfled and fully cartifiad organization evaluates and solvan anviroamantal problems which require expertise in engineering, toxicalosy and chemistry. These services incaxpovate a multi- disciplinary approach and extend to all faCOte of the environment. Included *woos the Clayton organigation'e areas of expertise and service are$ Air pollution 8erv1e0e • Source Testing • Ambient Air Quality Surveys • Feasibility Studies • Engineering Design of 301881ons Controls ° Meteorological Studies • Community Noise Studies • Air Quality Dispersion Modeling Engineering Services • Energy Conservation ° Prototype Design • Economic Evaluations ° Design of Ventilstion Syntams • Preparation of Site Surveys • system selection Studies • Solid Waste studies Noise Control 1i;1< ■ fi j t' 7., �l�{t '11`u db/10/86 12:bti UkIN 21b 2bbz MAKA VkLUMAIV WJub//Wl/ i Industrial N_y1e4e servtCes • Recognition of OU-Sits Chemical and Physical Stresses • Evaluation of tho Magnitude of Environmental Straus • Proscription of Corrective Procedures • Systems Analysis • Determination of Compliance With OSHA • Industrial Noise Studies Laboratory Services • Trace Metal and Toxic Substance Analyses • Free Silica Daterminaticna ° Microscopic Analyses {later Pollution Services • Waste Water Surveys ° Feasibility Studies • Industrial Waste Treatment ° Engineering Design of Controls • Environmental Impact Assessment ° Determination of Compliance With EPA Regulation In addition, Clayton can provide expert testimony, seminar pre- sentations, and training programs related to any of the above. Commissioned by the U.S. Department of Health, Education and Welfare to prepare its publication, The Industrial Env;lr� onaftw t; its Evaluaiotion, and Control, Clayton has been at the forefront of the Environmental Safety field for decades and numbers several governmental bodies as wall as commercial concerns among its clients. Y': L 06i18i88 13.00 0907 276 2682 MARSH MCLENNAN I0008/017 NATIONAL ECONOMIC RESEARCH ASSOCIATES, INC. (NERA This wholly -owned subsidiary specialixes in the application of micro economic analysis to complex bunineaa and public policy issues. NERA's consulting economists combine sophisticated econometric and computer techniques with expert judgment based on a broad understanding of regulated induatries. Their skill enables them to relate engineering# accounting, enviXonmentol and social considerations to prevailing economic conditions and public policy issues. For example, NERA pioneered the me* of marginal cost pricing and has consistently advocated time of use rates for electric utilities. NERA's economists conduct numerous studies for utilities in which theyt • Identify regulatory policies for utilities that are appropriate to changing economic circumstances. • pergorm Sophiaticated rate of return analysis. • Determine specific rates that reflect customer Te- sponees, administrative feasibility and revenue stability. • Apply advanced econometric techniques to forecast of demand for utility services. f' 05/18/88 18:00 guw 276 2582 t. MARSH MCLENNAN STRUCTURED SETTLEMENT SERVICE'S p �. Third party e).aims stemming from such losses as bodily injury or death ae a result of negligence or legal liability can cost clients millions of dollars, often with a serious impact in the bottom line. Marsh 6 McLennan has established Structured Settle - Mont Services tot ° Reduce the ultimate costs of catnstrophie third party claims for clients. ° ,Pruvide a cost effective method for paying awards over time° rather than through a lump sum eettlomont. t. Marsh b McLennant Inc. can provide the full spectrum of structured settlement services. 1.J 13:01 18uv1 276 2682 MARSH MCLENNAN ra MARKET SECURITY ANALYSIS For many years# Marsh & McLennan has carefully monitored the insurance market and established certain minimum financial standards governing the insurance companies with which we do business. In addition to minimum management and financial standards, we are also utilizing the National Association of Insurance Comm- issioners "early warning tests" which provide an indication of possible financial difficulty early enough to alert the insurance community of potential financial distress. The categories are as follows► 0010/017 Categories Limits 1. Premium to Surplus Maximum 300% 2. Ching* in Writings Minimum -33% Maximum +33% 9. Surplus Aid to Surplus Maximum 232 4, Two Year Overall Operating Ratio Maximum 100x S. Investment Yield Minimum 5% 6. dense in surplus Minimum -px maximum +SO% 7. L:iabilities to Liquid Assets Maximum 1052 $. ASente Balance to Surplus maximum 40% 9. One Year Reserve Developed Into HaXImum 25X Surplus 10. Two Year Reserve Developed Into Maximum 25S Surplus 11, Estimated Reserve Defieianey to Maximum 25% surplus This type of security analysis wili help us in all categories of our marketing Wort for Valdes. F,. I 276 2682 MARSH KLENNAN W011/b11 �i MANACEMENT SERVICES GROUP our Management Services Group provides a completo, consistent and coordinated array of management services required by captive insurance sad reinsurance companies. The group consists of Marsh b McLennan (Bermuda) Ltd.. Marsh 6r McLennan (Cayman Islando) Ltd. # Maruls 6 116-Leeman (Barbados) Ltd. and M&M Insurance Manage- mvuL SvrvIrso# Ine.p with office locations in Vermont and Colorado- Wv have extensive experience With both wholly owned and multi - owner captives and currently provide management cervices for more that 100 companies. In reeugultlon of the unique characteristics of captive insurance companies, each location of the Management Services Group develops' maintains and operates a financial underwriting and claims infor- mation system for captives on in-house computers. Those systems are capable of producings • Financial statements, analyses and reports • Claims ":sports and statistics • Underwriting summaries and statistics ° Investment reports • premium receivable analyses We provide services in all sap*cts of captive managementp including all major functional areas. namclys ° Accounting and financial reports • Administration and legal • Claims suppport • Policyholder services ° Investment services r- 06i1$i88 19:02 0907 276 2662 MARSH MCLENNAN RLSK ASSESSMFAT CONSULTING CROUP Risk assessment is a quantitativet statistical approach to Maly — zing risk management problems. Focusing on environmental issues. the Risk Assessment Consulting Croup designs and studies, collects data and conducts statistical analyses to assess regulations, en- vironmental risk general programs. Proposed solutions to environmental problems are intended to reduce risk by reducing the likelihood of accidents that could damage the snvirunmeat or health• and to reduce the cost consequences of aeei- dente, Lf they occur. Risk aseess►aoat techniques are used to analyse the relationship between the coots of implementing a solution and the magnitude of risk reduction options, provide a basis for identifying cost-effective solutions. The Risk Assessment Cuneuiting Group works closely with other consultants at Marsh G McLennan to provide a atulti-discipliaary approach to solving environmental problems. This (croup coat • Prepare cost/risk analyses of alternative risk control options. ° Develop and analyas environmental, health and economic data for -use in settlement negotiations or litigation. ° Analyze environmental regulations and design regulatory compliance monitoring schemes. 0 012i017 ° Design and evaluate quality asour &naa plans for on- vironmental data collection programs. i The Risk Assessment Consulting Group provides support for corporate risk management decision making and its use is most effective when tategrated with the corporate business planning process. t 1. 4 05/18/88 13.03 11907 276 2582 MARSH MCLENNAN Q 013/017 { . _ .... STRATEGIC RISK CONSULTANTS Strategic risk analysis provides an integrated approach to the I ;. assessment, control and transfer of risk. The Strotsgie Risk � Consulting Group can anoint tot ----=- r---'' ° Determine tolerance for different typed of rick '' • Identify and quantify the sources of risk • Dsvplop cost-effective ways of reducing or transferring - - - the risk • Ascertain that retained risks match Valdez's expressed tolerance These services are particularly valuable in dynamic Industries - z where new# unfamiliar risks are emerging, and also in times of major changes in the cost or availability of insurance or other risk transfer mechanisms. E The Strategic Risk Consulting Group provides: ° Comprehensive analysis - to evaluate risks within and beyond the conventionally insurable areas Creative alternatives - to meet your specific needs through new risk transfer and risk controlling techniques -- -- Computer -modeling - to analyze exposures and risk ; - - :.T managomont options ° Technically rigorous assessments - to evaluate exposures to risks using MdM resources and outside experts as necessary ,. r T4• 1 06�18�88 13,08 UQvi 276 2682 MARSH MCLENNAN LOSS PREVENTION AND LOSS CONTROL SERVICES M6M PROTECTION CONSULTANTS - Effective risk management iss to a great degrees dependent on effec- tive loss prevention. Both transferred and retained risks must be controlled In order to maintain the financial integrity of an overall risk management program. The need for sophisticated lose control in self -insured programs is mandatory if financial gains are to be realised. This becomes especially critical when needed safety engi- nearing services are no longer provided by insurance carriers. I6 014/017 MbM protection Consultants (M&MFC)s a Marsh g McLennan Technical Service Division with over 200 safety consultants and lose control specialists. can develop specific hazard control programs designed to be integrated into City of Valdese s overall loss prevention effort. Because the value of nay lose control program can only be realized through successful implementation# we feel that a basic ingredient In the prevention of losses is the involvement of the City of Valdes in the formulation and management of loss control procedures. This means that each department should have the maximum opportunity for input into the design of the overall program for both insured and ratalned risks. Recognizing that differences exist between those departments in terms of sizes types of facilitiest and other related factors M6MPC develops programs which are specific to each but which Incorporate the degree of uniformity required for an effective, coordinated effort. In addition to management interests M&MPC believes in fostering line employee interest through line employee involvement in apacifie job hazard analysis workshops and standards development committees. These brief and to the point meetings in themselves generate awareness of safe operating procedures (i.e. a safety manual). What is unique in this approach is the fact that employees are much more likely to operate by standards they themselves were involved in developing, rather than by a manual or rules written solely by management or a safety expert. 06i18i88 18t04 0001 276 2682 MARSH MCLENNAN Q015/017 In uur cetlntation, the major conmidetatione which muot be addressed in an overall program for transferred and retained risks are as follower . i Fire Protection- Activities (property) �� • Fire prevention planning • Fire prevention training 8merpacy planning �ii • Machinery and equipment Protection I • Computerised water supply analysis ^i •f Hazardous materials storage law assistance x. Safety of xnhabieanto _(Liebility) ' Surveys of hazards in places of public access • Preventive maintenance and repair technique and schedule . r for public use equipment {fs' • Medical and first old response • Evacuation planning EmD� a Conservation and Safety ' Job safety analysis • gals operating standards ' Materials safety x • Training • Accident reporting and analysis ,.. ..:;. • Medical and first aid response pleat Safety and Rolling Stock_ Conservation ` • Hffective proventive maintenance technique • Driver selection ' Driver training — — - - — • Accident trending and analysis • Accident review committee ° Dispatching procedures h 6` r'- i " 7 t: I f: F 05/18/88 13,04 Uuvs 276 2582 MARSH MCLENNAN Property Appreloot • Updated insurable value and replacement cook. of City of Valdes and School District's structures • Updated insurable value and replacement cost of City of Valdes and School District's owned machinery and equipment, including mobile equipment Estimatidn of original costs for tax purpose In addition to the above, 06HPO is staffed to provide a variety of specialised services which inaludso SECURITY (i.e. physical security of property, equipment, etc., bomb threats, at at) HOSPITAL LIABILITY/NALPRACTICE - QUALITY ASSURANCE ENVIRONMENTAL PROTECTION AND IMPACT EVALUATION (provided through sister company Clayton Environmental Consultants) RCRA ASSISTANCE DISASTER PLANNING ASSISTANCE 0016/017 The N6MPC of Lott can be toeused on any one or all of the above components. Our recommended approach to the City of Valdes is to develop With the risk management and safety management departments a not of goals and priorities. A plan of action and timetables for implementation is then developed. A recommended course of action for any multi -faceted loss control project is to select priorities based on exposurse and known lose trends. We believe that the City of Valdes is committed to providing the very best protection for their public, employeeso and property in the most cost-efficient manner. We believe, too, that the techniques Marsh 6 NeLar►nan haw developed snd-succesefully implemented for clients -with similar risks will prove to be not only effective in matting your risk management node, but cost-effective as well. L� 05/18i88 13: 05 4807 276 2682 1 MARSH MCLENNAN 0 017i017 Valdes is unique in t1w lr onpusures and potential. hAtards- M&MPC reeopiees the used for providing seneitivs, cost-effective lose n control sxpertiso to the City ut V+1dsm and In prepared to address spselfic problems at your roqucat. L i A111n►REW R. S ARISKY ew N. STRAWBERRY ROAD KENAIAK9%11 r - (9-1?) 263-4414 ATTORNCYAfLAW May 16, 1488 DUPITATEA ORIGINAL J t,. +� t City of Kenai 9�p111213�¢� 210 ride Igo Kenai. Alaska 99611 r to M City council a �. of Ketsai ;0 Madams & sires g's2 Z �'lagZ9Zv This is a demand that you abide by an4 enforce the contracts of July 1st.,.1985, with the City Manager and the City Attorney, with respect to your unauth- orized allowance of severance pays and further that you abide by and carry out the Kenai Code of Ordin- ances, particularly section 23.55.010 which specif- ically sets forth the pay ranges for exempt officers for the period beginning July 1. 1988.and subsequent fiscal years. This is also a demand that you protect the public treasury by obtaining an assignment of the promissory notes being paid off by the City in the Dairy Queen matters and that you seek a Judgment for any deficiency to preserve your rights to recover these payments of obligations .not incurred by the City but by others. it appears from the scant public information available after your secret sessions that the City intends to pursue a non -judicial foreclosure at a sale scheduled on or about July S. 1988, which will forfeit the City • s rights to sue: and recover a judgment on the promissory note or notes. You are hereby put on notice of these mattes , ins L 40 City of Kenai -City CauIcil 5-16-de Page 2 • w• •+ w w w w �- w w• • w• • w w - w • w• w .w w • w this notice is intended to fulfill any precondition of notice before other action which may be taken against you. Yours ves truly, 1 Andrew R. Sarisky are/nb RnCs. Copies of. Brighten/Regera contracts of 7-1-05. Copies of Seuwcil minutes of 7-3-85. Copies of'Kenai,Code. Sec. 23.55.010. Copies of Sarisky letter to Council, 6-4.85. CERTIPICATS Or 68RVICK This certifies that I have delivered this letter to the City Clerk without enclosures, and to each of the Councilpersons Williams. O'Reilly, Monfer, Measles, MCComsey. Ackerly, and Swarner, with enclosures, on or about . Delivery was made by handing the City Clerk copies for the couneilpersons, or by delivery to the cuuacilperson in hand or at the usual place of residence. Andrew R. Sarisky STATE OF ALASKA � Third Judicial District ; ss. Certificate of Services sworn to befete me at on this day of May, 1988, and acknowledged in my presence. Notary public L r7�. t Of, 4 IV! All 4'.m. 0 1,3 .1 Wv 64 L:,`Tbd-0,C0UIIcAIf. bt Zo Irsdalgo 4, Kenaie- . -delit -'99611 Subf..Negotiated" salaries "the 'City "aU6969 till' Los and the Ci $ttor4f6y i•'f e3iL4ess ive Dear members of the councils VA x do not know by what authority you can negotiate, t. pf in secret a at sessionothe salaries of public OffIcial,81- and our own Mayor Wagoner was concerned -about the situation as long ago as May Zoo. 1981, when 'the Council minutes record that he stated "the City has gotten itself into a dangerous situation with, negotiating with employees. We should get a salazy '_ schedule that we could adhere to. But Me WaBDt Mayfor* Of course, nothing ever prevented tough negotiating, of an enlightened nature, and if the public were allowed to attend hearings an salaries instead of being shut out, perhaps you could have boon asked bow and why the City Manager's position Nks changed so radically that in Fiscal Year 1980;01 $42,000 annual pay could mushroom into'$82#00 in.1995. As for the city Attorney's position you could have been asked how and why you got',from $46,20Q in VY 8C-81, to $80,000 in 1985.. Who negotiated for Jd",Q. Public?., Do your secret minutes show any reasoning or rationale for these expenditur6a of public taxpayers' money? if you had allowed the public to assist in the so-called negotiationse you might have learned that the population of the City of Kenai at October, 1984 was 6173, and the population of the state of Alaska at July 1, 1984, was V 523,048. Quite a difference in the public being repres anted, the-Governorearns $81,648 per -year, and aq' the Attorney General of the State earns $73,620And who dreamed -up -the 3-year contract? Are we on the hook for-$486,000? Congratulations to you guardians of the public weal, the public trust, and the public treasury* Yours truly, ars/mb II R-1 r- 23-55-23.55%030 fty MAN t Mgt: 23.55.010 Ifigempt salaries. 23.55.020 Salary Structure By 23.55.030 Qualification Pat-.., ..23.55.040 Uniform Allowance. 23.55t,050. Mdurly Rates Part-Tiple Uplayses 5.010 23.5 salaries of City manager,.,- City 3 1 1 v Attorney, alld City Clerk shall be negotiated.by the council,, qor DY'& COMMittes-and approved by the Council) ..,and i'vOtIOR Of Council. The salaries of these in may be. -set"by dtVAft&Xs �p�alj. thq following 64jqss,� Oe • i City Yang V, $55,000• to 075V000 0� 000 to $70'.660. City At sy, city t;l$35, 1. Or 0 Sig "'These salaries shall be in addition to -the dustqmsry_bG36sib _ O.T.Mrovided for the positions. for fiscal.". for h,94019yM eta are not In effect d, the offoat 9 0 own* 23.55M• O P.LUL@ St IMP41M.-W-9U46: (a) 8&%ary structure by grade is hereby established in accordance with the table 'th&t is appended to this Title and 'w1jich may be amended, modifiqd, or replaced 'by ordinance, in which case a copy of *the amended..: .0 ...'mWitledo, or replacem"'t. tablebball,bo substituted for tpim prior ..table and placed An tlii Code at the,*nd of'this�.Titles 4b) on COMPletion of the probationary Veltlij d, each sball be advase" dAlj- anlfilvi�sary 4dtos'-'. one stopto At iuccee # eetsybjto evalu&tIOW; '90910708 24Y'b6 advanced -a itep'thdrem*nt. fQ, time period noraa%ly between steps a to O'tb' 0. to 8 toy is year. The time normally between Steps F-to CC in yearsil 4duds. 336(a),-414, 503, 5.13. 537j US, 675, '933) % 23.55 *'030 Ppys rn development personal time. and -Ofort of the- idUal -to ikablove tame, the following annqa� itift! 44titlomat 0. authorised', payable, on a pro catt. =3F basis. This recognit4on entitlement:Ln not considered when ulatibV h6urlip t4 41 qv* - gov,anauql 1,ave 01O;"461-i-day ppy"M 404?. $ 4A. 23-32 li�' 11 2 I 1 "- ... 'r n t 4. r 4: I KENAI CITY COUNCIL JULY 3, 1905 Pago 11 NOTION$ Councilman Measles moved, seconded by Counallwoman Nonfat, ..to approve the change order. Public Works Director Kornelle reviewed. There ace no drawings on the airport. This Is not new cable, but repair. Airport Manager Ernst explained, at the time they moved the overburden to -Marathon, there woe such a mess there they asked the engineer to dump on the fish camp to make it -even ' with the edge of the old ramp. Mayor Wagoner asked if we will have to take it out. Mc. Ernst replied, it will not , be paved or moved. Mayor Wagoner noted the ,Of credit In not adequate. He can dispose of it on the property. Councilman Wise ookMd if there some 'a hold-harmleso clause.' there may be a wetlands permit needed. Mr. Ernst replied, that is not wetlands area. He applied for a wetlsnde permit. Mr. Kornelle added, they cleaned up the rough area and will seed, grade, ate. VOTE (Passed)$ Yes$ -Wise, Ackerly, Sallie,+Hall, Measles, Nonfor.• Nos Wagoner 1• C-6 Ratlficotisin of Contracts for City Manager and City Attorney NOTION$ .,i Councilwomen Beilie.,moved, seconded by,Councllmon Nsaeloe, for approval of the employee contracts. . Councilwoman Sallie said she he *'problem 41th•the paragraph, at the conclusion of the contract or discharge they will receive• 3 month's pay.: saying at the eonelyelon of the oontedt; 3niy'NiiA• tecmin�iti'o�i5�'m'!'1+YsY"meena`'a"^Rdn7$s:��ACtyinRb�are?'�iMath/e to thsi wa1+rh6`ww1W 'Nd` 0'a•••d!•s606110% He had requested a shorter dur,tion, Council hod wanted 3 years. Stood on this item, he agreed to 3 years. City Manager Brighten said he -was not ln,st the some time -so Atty. Rogers. He asked for 3 month'stseverance pay tibceuee of tint to find additional employment. 9 quId he. rdmaln 3 years he••wYll renegotiate. • . Council agreed to divide the question. NOTION, Amendments Councilman Ackerly moved, soconded'by Councilwoman Sallie, to amend the Brighton contract, paragraph 4, line one,'' delete "or at the conclusion of the ter*tof this cdntreq&., whichever &bsis"�"f!1•sl,� +sand ard.Pprtoti•Ce�fbisblb�fe$i: "'�' sr:awa�ieihlwe$txrRtcs�tr.•�fcl�ltVt1�!!� VOTE, Amendments Notion passed unanitsously by roll fcall-vote." - Nsyor Wagoner sold he thought thoy negotiated on perking space for his plane, but he did not-conembee-changing-hie- other then that of Mr. Brighton's. He addedp'he preferred discussing this at op on' meeting. .Atty. pagers amid Council keeps the option of dismissing the Clerk, Attorney and City. Manager. they serve at the pleasure of Ceunell for an Indefinite term. Thief}"es compenest4on for that time. Council members may change, you cannot bind them to 3 years. Atty. Rogers noted if he does not went to'stay after • years; he still gets 3 month's pay. Councilwoman: Mon}lu itJ�• L f - I - r t KENAI CITY COUNCIL DULY 39 1985 ,• _ . ry Pogs 12 sold she recalled when he no otlats� q tie • a�ksd for 3 �onkh"Litt stays on he wlll not- ace i _ r. r,` '' • ' . • ► F •» x'::.r�lS.a,..1=P.i.3iLnw�.�l� r, ' . .. MOTION, Amendments " r A Councilman Vise moved, seconded by Councilwoman Bat?/s, to amend the Rogers contract (iwwdll�e> aas. z' VOTE, Amendment (falled)t ' '*to :4 Vass Wise, Ackerly, Battle Net Wagoner, Noll, Neoulea, Monfor .. 1 MOTION, Atiendment s -- - - - Councilmen Hassles moved, seconded by Councilmen Vise. to F amend the contract,,g9th paragraph, odd "�{a ey a phi_ yh#&6 ''• • ort`11r1etd ai •hlePemedr�hoy�a0 t sat y ' #!: VOTE, Amendments 'i •} •„ ' _ Motion passed by unanimous consent. - VOTE, Main Motion as Amended (Poseed)s 'Owes$ Vise, Maguner, Nall, Neselea• Mo$kfor Not Ackerly, Battle • r ;, Counctlwomen Rallis agreed, ohen Council goes Into session, they should have accurate record for protection. _ Y T . r'. f''` • y � � a. it i� 1" is •'�,-� , A: ,. 'MOTION 11 Cotincilmen Wise moved, seconded by Councilwoman Bailie, to r i 4ambnd' the Rogers contract to odd the Dame terms and , ' ' j+:a�• ` 1 conditions as the City Manager's as amended,. I. L I 17 1 f 1 1 .M EMNLOYM_ ENV CONTRACT WILLIAM T78RIONTON Thin contract, executed on the // -�1-�'- day of . �•« 198S,. Constitutes Writtnn documantat, of t or emp�aent„ "k'sw i agreement previously negotiated and agreed on the evening of' May 7, 1985 between the City of Kenai, acting by and through ths:t i Kenai City Council, all of whoa were present, and 11111186 J. , 2 I� Brighton for the position of City Monsger durin the throe fiscal'. v, years beginn��July-1_ 199S. July 1.-1986aiT'"1'�'T7���'ft'�1. "•v y The compensation during the three-year term set forth laaediatelyj� above shall be paid according to the Citr of Kensl's regular schedule of salary dispereement and shell be in addition to all benefits regularly given to mangement personnel employed by the r City of Kenat as well so any benefits• prsregdtsitao, or additional compensation or benefits which Nilliaa J. Brighton has I, enjoyed to date, and which he shell continue to enjoy, in his position as City Manager. ' it is specifically uaderotood and agreed that this contract As subject to all terms and conditions of the Kensi Municipal Code '. and the Charter of the City of Kenai as existing on the date hereof. ,t The parties egeee that upon discharge during the term. is ' �' _ _ .�.... x_ „dd► p. edit!'fi�i!!"r� a etiin bqusl.EoAnNontme csd�a;Ti&�Tldin'W'iE r° m` •• • _,. , ire'n�eye off' such evee� � 'y,� William J. Brighton agrees to continue a carrying out all duties required of the City Manager for the City of Kenai, and further i agreee that In the event he should voluntarily discontinue hie employment on City Manager durinq thb TBWrmo`erTb f, he shall first' r' ire eixt (G0) days prior once but shall no_k be denied any d8*(IIlllbfr tfidwf�w of the City Of Kenai, federal government, cr the State of Alaska as a result- of such voluntary discontinuance. vI: OATCot This L_ day of , 1985. m Wagoner yor ► am ighton, ty M ager As MoNd Meaule , oh�n tee, Couheilmomber Councilmember •� 1 i L i li J y , n. .. •.t'j --'--'-- - - - _ �i .' ?,! r .5,,,� tit', �" �i.i', f � •z �N.I 0-0 .. •• ,l it :' e Hall , Counc lmomber e y e e, Councilmember Ij hr e� Monfort Tom Ackerly, Councilmemer Councilmember , • j � t i} 4: L_ 111111liMr rr- EMPLOYMENT CONTRACT 0 TIMOTHX ROGERS This contract, executed on th's, day of , 19BS, conetltutea written d�ocumen eElon oft or employment agreement previously negotiated and agreed t on the evening of May 70 199S between the City of Kenai, acting by and through the Kenai City Council, all of whom were present, and Timothy J Rogers, for the position of City Attorney durin th (��eq �(„�oaI yel!rA 43XQOr�40.r1u a-� •sue+ „1,1Q4,.AIB 87 at ant annus�solary of t8 ,"b 0Op:Oq. (� The compensation during the three-year term set forth Immediately' abuvo shall be paid sevording to the City of Konal,o regular i� schedule of salary dluperaoment and ahall be in addition to all �! benefits regularly given to mangement personnel employed by the I City of Kenai as well as any benefits, prerequisites, or I additional compensation or benefits which Timothy J. Rogeee has enjoyed to date, end which it le agreed he shall contlnue to I enjoy, In hie position as City Attorney. it is specifically understood and agreed that this contract 1a subJect to all terms and conditions of the Kenai Munlelpal Code !� and the Charter of the City of Kenai ee existing on the date I hereof. !I In addition, it is agreed that the City Attorney ahall be allocated one Kenai Municipal Airport airplane transient parking apace as designated from time to time by the Airport Manager for his sole use and benefit foe the duration of the aforementioned �I term. The parties agree. that upon discharge at at the concluaion of the {� term of this contrurt, whichever comes first, the City shall par •1 II a rum equal to three months compensation within ten days of ouch {' ;I event. Severenct�pnv ehell not be paid should the attorne" 1 !I remain ln:fntinuo� u o"', d'rn'�n'1�'b'f"the�C"!! b�id'ld«, f t i Timothy J. Rogere agrees to contlnue carrying out all dutleI f required of the City Attorney for the City of Kenai, and further agrees that in the event he should vo an et rily_diecontinue his ' employment as City Attarnay durin the armT4�'!saf he ehnll flrot�give elxt 40 dsyo prri�e_c�p �eq�4s ahall not be dented a`i'¢'bn amen a bv de un or the law: of the CIty of Kenai, federal government, or the State of Ales ae a result of such voluntary dinvontinuance. OATEOs Thin /-0-_ dry of !� _ . 1905. om agonor.Oyoe 7 _ y nd see ea, Councilmemhgr Imothy agave, city Attorney I -. o n Witse CouneI Weather i. IN n �1 a "Gill GounciTaeo��—V welly 8a l►e, t i Councilmember - CC via an OP Tom ckee y, 1 ' Counollmo er Councilmember • Id ' i Suggested By: City Council CITY OF KENAI ORDINANCE 1257-69 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI MUNICIPAL CODE, SECTION 1.55.030(e), BY INCREASING THE AMOUNT OF TIME AN ACTING CITY ATTORNEY MUST SERVE PRIOR TO BEING ENTITLED TO THE MINIMUM SALARY RATE FOR CITY ATTORNEY AS PROVIDED BY KMC 23.50.010. WHEREAS, a Deputy City Attorney will be paid at a higher rate of pay than a Legal Assistant; and, WHEREAS, it is the desire of the Council that the Deputy City Attorney not be paid additional monies while serving as Acting City Attorney for brief periods of time; and, WHEREAS, the class title and pay range for a Deputy City Attorney is appropriate and sufficient to require a Deputy City Attorney to serve as Acting City Attorney for brief periods without additional compensation; and, (�1 WHEREAS, the addition of a class title and pay range for a Deputy City Attorney can be created at little or no cost to the City by requiring him to serve as Acting City Attorney for brief periods of time without additional compensation. NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that KMC 1.55.030te) is amended as follows: 1.55.030►ctina City Attorney: (a) In the event the City Attorney is not available to perform the duties of the office for five (5) or more days because of illness, incapacity, annual leave, official leave for City business, or any other reason, the City Attorney may appoint an Acting City Attorney to perform the duties of the City Attorney during such absence, incapacity, or unavailability. (b) In the event of a vacancy in the office of City Attorney, the City Manager may appoint an Acting City Attorney, which appointment shall be subject to confirmation by a City Council vote in the manner provided for ordinances. (c) Any person appointed Acting City Attorney under these provisions shall be a member in good standing of the Alaska Bar Association and duly licensed to practice-lawin Alaska. -1- L I r t i 1 ` i t � f � wry 6 1—I i + (d) The appointment of an Acting City Attorney shall be f; made in writing and copies of the appointment shall be distributed to all Councilmembers, Department Heads, and Commission Chairpersons, and a copy thereof shall be placed in the personnel file of the employee so appointed. _.__. (a) When any period of service as Acting City Attorney [BY AN ACTING ATTORNEY) shall be five (5) working days or more in length[,j by a Legal he is k� the person so serving shall be paid at the (MINIMUM SALARY RATE FOR CITY ATTORNEY) highest s e In the legal Assistant .pay range as provided in KMC 23.50.010 during such period or in the case of a vacancy of the City Attorney position at a rate set by the City Council. go PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18th day of May, 1988. JOHN J. WILLIAMS, MAYOR ATTEST: Janet Whelan, City Clerk First Reading: May 4, 1988 Second Reading: May 18, 1988 Effective Date: July 1, 1988 Approved by Finance: N4'/1 (4/28/88) �' I r Suggested By: Administration d CITY OF XZNAI ORDINANCE! 1258-68 � i AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI MUNICIPAL CODE, CHAPTER 23.50.010(a), ENTITLED EMPLOYEE CLASSIFICATION, BY THE ADDITION OF A CLASS TITLE AND PAY RANGE FOR A DEPUTY CITY ATTORNEY. ' WHEREAS, there has been a lack of durational stability for employees serving as Legal Assistant in the Legal Department; and, WHEREAS, the City Attorney has recommended that a Deputy City Attorney position be created at a Pay Range of 16; and, WHEREAS, it is intended that only one of the two support positions be filled, depending upon the qualifications of the employee; and, WHEREAS, pursuant to the proposed change to KMC 1.55.030, a Deputy City Attorney will not be entitled to additional compensation during the absence of the City Attorney; and, WHEREAS, by not paying a Deputy City Attorney additional compensation during the absence of the City Attorney, the addition of a Deputy City Attorney position can be created at little or no cost to the City. NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that KMC 23.50.010(a) is amended as follows: 23.50,010 Employee Classification: City employees shall be classified by Class, Title, and Pay Range as follows: CLASS CODE 101 102 103 104 CLLASS ,TITLE (a) ¢UMVISORY AND PROFESSIONAL City Manager City Attorney City Clerk Finance Director* -1- L RANGE NG NG NO 24 4. ".a „ s. r j:. 5 105 Public Works Director* 24 106 Police Chief* 22 107 Fire chief* 22 108 Senior Accountant 19 109 City Engineer 19 110 Code Enforcement Officer 17 III Airport Manager* 17 112 Land Manager 17 113 peputy City Attorney 16 11(3]g Dock Manager 13 (b) ADMINISTRATIVE SUPPORT 201 Department Assistant 1 3 202 Department Assistant 11 7 203 Administrative Assistant I 8 204 Accounting Technician I 10 205 Accounting Technician II it 206 Accountant 16 207 Legal Secretary I 9 208 Legal Secretary Ii 11 209 Legal Assistant 15 210 Administrative Assistant II 9 211 Administrative Assistant III 12 212 Department Aide 1 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18th day of May, 1987. JOHN J. WILLIAMS, MAYOR I ATTEST: Janet Ruotsala, City Clerk First Reading: May 4, 1988 Second Reading: May 18, 1988 Effective Date: July 1, 1988 Approved by Finance: a-74 (4/28/88) -2- CITY OF KENAI SALARY STRUCTURE BY GRADE (KMC 23.55.0201 RANGE A 8 C 0 E F AA BB CC -- 1 119690 119982 129274 12,566 12,858 13,150 13,442 13,734 149026 2 139811 149156 14,501 14,846 159191 15,536 15,881 169226 169571 y 3 199342 199826 209310 209794 219278 21,762 22,246 22,730 239214 4 20,310 209818 219326 219834 229342 22,850 239358 23.866 249374 5 219326 219859 22,392 229925 239458 239991 249524 259057 25,590 6 229393 229953 239513 249073 249633 259193 25,753 269313 269873 7 239518 249106 249694 259282 25,870 26,458 27,046 27,634 289222 8 249702 25,320 259938 269556 279174 279792 289410 ,646 29,028 29 9 25,927 26,575 27,223 27,871 28,519 29,167 29,815 30,463 29,646 10 27,218 27,898 289578 299258 299938 309618 31,298 319978 329658 11 28,576 299290 309004 30,718 319432 329146 32,860 339574 349288 12 30,017 30,767 319517 32,267 339017 339767 349517 359267 369017 13 31,498 329285 339072 339859 34,646 35,433 369220 379007 379794 14 339093 339920 349747 359574 36,401 37,228 389055 38,882 399709 S 34,749 35,618 369487 37,356 38,225 39,094 39,963 40,832 41,701 369469 379381 389293 399205 409117 41,029 419941 42,853 43,763 7 389299 399256 40,213 41,170 429127 43,084 449041 44,998 459955 18 409213 419218 429223 43,228 44,233 459238 469243 479248 489253 r-, 19 429214 43,269 44,324 459.379 469434 47,489 48,544 49 599 50 654 ' r 20 449345 459454 46,563 479672 48,781 499890 509999 52,108 539217 3. 21 469564 479728 48,892 509056 519220 529384 539548 549712 .559876 22 489863 50,085 519307 529539 539751 54,973 569195 579417 589639 23 519314 52,597 539880 55,163 56,446 57,729 59,012 60,295 61,578 ` 24 33,950 55,299 56,648 57,997 5i9,346 609695 629044 639393 649742 1-35 r" { T- _. .. �.� 0, --3 Suggested by: Administration City of Kenai ORDINANCE 00. 1259-88 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $1,700 IN THE GENERAL FUND FOR LIBRARY BOOKS. WHEREAS, the City has received approximately $1,450 as library donations and for lost and damaged books that has not been appropriated; and WHEREAS, the City expects to receive an additional $250 in this category through June 30, 1988; and WHEREAS, the Librarian has asked that this money be appropriated for the purchase of books. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: General Fund Increase Estimated Revenues: Library Donations $1,700 Increase Appropriations: Library - Books $1,700 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18th day of Nay, 1988. JOHN J. WILLIAMS, MAYOR ATTEST: i Janet Ruotsala, City Clerk First Reading: May 4, 1988 Second Reading: May 18, 1988 Effective Date: May 18, 1988 Approved by Finance: (4/26/88) jal w Suggested by: Administration CITY OF KENAI RESOLUTION NO. 88-39 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, SETTING THE PERCENTAGE OF FAIR MARKET VALUE TO BE USED IN ORDER TO DERIVE A FAIR RETURN ON LEASE OF CITY LANDS. WHEREAS, KMC 21.10.130 (a) (2) states that the percents� of fair market value to derive a fair return on lands to�Clie' leased by the City shall be set annually in Maxi resolution of the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the rental rates to be set on any City lands to be leased after the effective date of this resolution shall be 6% of appraised fair market value as established by a qualified independent appraiser. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18th day of May, 1988. ATTEST: Janet Ructsala, City Clerk Approved by Finance: ,&4i1 JOHN J. WILLIAMS, MAYOR 7 Suggested by: Administration RESOLUTION N0, 88-40 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING THE BID FOR THE PROJECT ENTITLED MZSCEL1ANE0U8 CONCRETE WORK TO NACK MASONRY CO. FOR A TOTAL AMOUNT OF $8,060.00. WHEREAS, the City of Kenai received a bid from the following firms: FIRMS BID PRICE FUEL TANK DIS E SER NAINT. W.STOR. CONTAIN. ISLAND IHOP SLAB BLDG. •1 BASIN $LAB Mack Masonry Co. $2,500.00 $700.00 $4,600.00 $260.00 HC Construction 3,700.00 950.00 5,600.00 350.00 WHEREAS, the original appropriation of Federal Revenue Sharing monies was for concrete repair of curbs, gutters, and sidewalk, and excess monies exist to allow for the repairs of public facility slabs, and WHEREAS, the Council of the City of Kenai and the Public Works Department feel that it is in the best interest of the City of Kenai to aw%.d this project to MACX MASONRY CO., and WHEREAS, sufficient funds are appropriated. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the above project be awarded to Mack Masonry Co. for a total amount of $8,060.00. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18th day of May, 1988. ATTEST: Janet Ructsala, City Clerk Approved by Finance: JOHN J. WILLIAMS, MAYOR L DEPARTMENT OF REVENUE a0ne0cenano May 2, 1988 Janet Whelan, Clerk City of Kenai 210 Fidalgo Kenai, AK 99611 Dear Ms. Whelan: 550 W. 7th Avenue Anchorage, Alaska 99501 ,Ooo4. 31.1'��"d+ Arf4n4 ary Vg4 M 14441 K441 we are in MOW of the following application(s) for a new liquor license(s) within the City of Kenai You are being notified as required by AS 04.11.520. BEVERAGE DISPENSARY (HOTEL/MOTEL) KATMAI MOTEL RESTAURANT & LOUNGE; Eaglechief, Inc.; 10800 Kenai Spur Hwy, Kenai. MAIL: 10800 Kenai Spur Hwy, Kenai, AK 99611. tiAAitAht t. ' �t :NAI PENINSULA BOROUGH 144 N. SINKLEY • SOLOOTNA, ALASKA 99669 PHONE (907) 262.4441 DON OILMAN MAYOR May 6, 1988 City Attn: Kenai Janet : Whelan Ruotsala 210 Fidalgo Kenai, AK 99611 RE: New 1988 Liquor License Application for: KATMAI MOTEL RESTAURANT/LOUNGE - Eagiechief, Inc. Dear Janet: Please be advised that the Kenai Peninsula Borough has no recommendation for protest of the renewal of the above noted liquor license at this time. There are not taxes due in the name of Eaglechief, Inc. at this time. Please send us a copy of the original application and your City Council approval/objection letter for our records. Thank you for your cooperation in these matters. Sincerely, l ... � L nda Barclayy Delinquent Accts. C C: j ,f. .A No wwio to W.LAbi; Art LILelluft - r PAUL Y Yt 2 69000N06INMVIOVAUC60PORATEOFFICER INFORMATION. vot000ln CodpolNom arpontlm . CO. IM Nllroo 1nto0 mull mUlrreo the de rroml. VICOAooWm1. uannluMMY/tamoradtofac applicant WCWo �uonNR.N/pynGMp =1 1vv S^d W" Wo. YN 401110no1 popes 04 merest. um Nom me 501 on tan too not uoo n dimmleCharles Sln roe Erika 8deltrnud Sin rea duly a (chat « son In H.a a Z0 MovieA f00ineta a Wiwi Gq. enla a Ap Coeq Rt. 1, ins 105-2 Rt. 1, Box 1315-:' YOlrlo Aoermrlll d111oIN1 rpI, IIIellYlp o001ob) lifrre Aootom Of dlNermt imm melling oedrore) Konal, Alnskn 9 611 Konnl, Alnnita 99611 lfomd pmaa Pao Nola W" eh440 907-776-8835 907-283-6101 (now) 907-776-8835 907-94+1-6101 (norr) OonNabm tl rom~- owst ah - N nq NNlbor 9/18/39 448-36-1469 10/16/44 341-36-�006 lafth IlopdWNtndooaaClN6YermtruaWrppon seta . not AaNe It10pdCMladierperdllon. IMcap.NoalKopo Yonlhl IIONt yam YNIM 14 Prooldent 14 $n�rntpry Trnstiurnr run ft" we Far red ao IfflUffill Robert Attlllo The ot'll INy M coo. seas vocoft Moffitif Adllsw(or rip bm C14% 1116te A 4 Code) Fit. 1 Box 1315-2 Flow woo" 0 eN1Ne ldnmawq ► ffm Adibin 0 d1fivoil five mwMerodmq Kenai Alaska 99611 Irerre f10Mn wen rum 907-776-8835 907-283-6101 Cnow) FM N a ofo"WisecuritywAdw .6/12/44 5711-16-2989 UndiNg!AMU ft nappeentlesNrapollel►MVftftelrpeoa9"Ves LORPSIAN414114114MM1 rppuedmbaeopeetlon, anoaaenaaealou lowuaWas 38 Vice-Prosldnnt SECTION 0. INOIVIOOAUO(11APORATE 411111c" EAOKOROVNO moo be tee to an (pDN of apalalane am eq CM ) or Casdya alter gi ab0e rive not dMt Na or Inanoa nnroM n am o1Mr Noelnlb snwgo OIrlMorq OYES eleflahe fleYerllgnernwleer(yaM acslNnlpNlkNeM suanedfap one Eno olerKrpOgN MenreebonerM dllpna 01nM0pMMOWlnonpoutlrt C1YE8 uleeoomaraenraNNro a nnpl anNq owtq "a eat ftw"41. Corpoww Nil" or Coa0late al" Mind oM y"awlewen om bN CON"" of d 0*0 OYES ure�conyNalneraaNnr YMep) anitanaldeule aYtq Yn tECNONt DECLARATION. flVN to read bed ammo by eath epplloeaC 1 deatate undo p*W of "IV that t here aamined this S WRWIO9, Including the aocam118fi g aoh"Was and statements. Note the vest of my knowledge and be 1N N Is true, cornol and complain I further certify Met 1 hew read and am familiar with Title a of the Alaska statutes and Its regulations, and that In accordance with AS Ol it ag0, no person other than the applicant(s) of Ilcon"$) has any direst or Indlnol financial Interest In ohs licensed busima 1 earn to prertds all Information repulredby the AICohollo Bswnge Contrel boat In support of Nit "PlICAllon. 11 iestlon Is lot fiewrage Olsppnaeryor Package Store 11cenM I osnlfy that each applicant named on this application hoe resided In the Nate of Alaska for at least one year prior to the date of this sppilallon; and/or the applicant ten corporation registered and qualified to do business In the state of Alaska for one year prior to the date of Ise application, of all of the Ihareholdare new resided In the sutra of Alaska lot at tout one you prior to the date of this application. yea AplbonkWlYalaraq IIwA If1eCOMN1 mnnroMq MnM comers b IM Net twMfer. Aiet�tlt2rl7.,. f1 e stir. suba rl iiali an lap) lijs this 12 5ubuflbw and Iwom to before me this day 19y day at ' I 1 1a -1 Ia r NWARW- - --- - - - - V.'. My oomfplpexpiresh r iiauarNl�ii nA Mmlla•rl:�r'• Bills Of Alaska PAGE 1 OF AlcoholicGaraNae nirol QOarO A°S0„ ;,l"y"M LI000A LICENSE APPLICATION a i �r -\V&Mnd pans / am E to the ABO Bosh, Rasp Palo a for lout files, r Tnla aDPlkatkn N for (onNalTilN Q A lull allawpr past Q ilts ell nlNm Oar1o0 Oaptnninp � and W4100 1 BEOTIONA. LIClNt18INFORMATION. must aseoabNlNfor sit ;Poo oo Nlullana of Applsela,ro OINow • • 0Renewal R O vansfer of ucema twiter Lkalw lyse Qovornoe Dlspennary L1eonnn(tnuri.Uelpns*FGD ............. 0 Filing F................ 111► (11 applksbla► .... I. - B L«59,00 Glatuse talcs 640,0131. 4000 Ia ucom wa 1988 1U0.001 FNarN atnpisyNeldanwkstbn 92-01hnalry 0ltat"pIfti3OfLocation Taaloubmlltsd...,....... 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City "IF Itmini IN & LICINBEO PREMISE& For Now snd *ana4t of Wilson sppnpNmns a" iNaa licensed IN aFFroplwatmt R mo paNllly O Naa waonp O Froposod soadinp O Pws submhted tariff Marshall aMNfnsMonananiraAwheaaaatalnofineFlalllaalbssold,s roIMasPMN.0081 "d@anaWMCtiff"a11al"Of""i plOpllout ole" so RED me am etasc"loO IHogesaiNN wallMsots,m" eeMunlaa,Od"&wsnapstste0. pat&Min DalisnalIMfisoraNAUNOa IICMIN w M ACO all am MM Ntoholb asuaaaea aNll be dam. sMwd, aonaYMdd, (IodsNssd dmdNr stOlpdJ BBCTION 06 RBNBWAL INFORMATION. flat WnsW Appl befer w"onaontp MNsnlsisalCMNtsiisNisalseNseN, aarlogWlMMlistLposaalt--- -- - -- as sislaMlnt InanelN waists It" 'no wall NaWWI aWMlgd to Oil eaelf ehspsd hoar tar Nit dtsPam suanNtadl AlCalgtle WretalH Domm ttosrot ONO 0 YE0 1f yea mach me dtstttallL 13 NO OYES If ha, Nlaeh nw Mtsnsl NNsInMt IIaM OaaNl. BECTION E. TRANSFER INFORMATION. IOf 906141 Of uCMaO NON& of Donsisr of loalise appllutNns onp, N01 nl N"or* np 5VOMB AalWNnNs soil CunMft uasllN NuMON • Goals AsetsN of (owiN Bowe ywollw Cllath Only One O MurilslpallRy (swity) IkMN ally O Othm fa In GWW TNatisr of LkNN NON& oppticallm add FNIS 819kh 40eW11d 00CurllN IS Madan dNeall of Pa1MNt1 a$ O Ooounlests attached Cl DOCyMasts not snow taassad wda INIA0 Cons am As 04.1111M BBOTION K CORPORATION INFORMATION. mat a eOMpwN ff NNlant a eo-aponcanl fs s as mlion. CapaNs NaMe raw Inr.. r a - WNMN A• (WNNN NSMN Katnnl Notol'Restaurant 6 Loun saalf Atidrase a Wcalka O W sINN 108 0 Knit• Spur 11 ttt r Dais N 1 11" is a* eisuw y/1, o I 1 lip H411 !, s Pt. 1 jox 1315-2 h4 tsis and Kennt Alaakn 611 GIy nW WN o 1 antra Co1poNN allca 0"we wa 776-It335 RapistaN AFM) lNynM) - _ IMM10 Chjrin++ Sln rnr. ApMfl a Alaska NNldoxy 1lulasaalylYs: 14 Number of MnaM: Roo Nap f .4 N ano PIIOM N - Rt. 1, Oox 1315-2 Kenai Aleaka 99611 776-8335 M vu 0 No TM own "am oapasnan is In Good -landing with the elite of AINka, opaNMNI of CaaMNeo ona Economic D"op testa. CORPORATION DIP=DhG AND S10CKWLCUM NN N01bN1 assets to OOCOssaryJ N ON almoo of 0~10 Pill Um 100 nal all MIIwN ROnN Address Gets 0o Binh JimmleCisarlos Sin roo t Ong n r n Crlka Edeltratsel 51naroo . 1 x ja (lnlfr•rt AttlIIn Tiro ellf Pt. / •,.nrl1 AVi, t1 IIt TNIB ARIA OFFIOR Y88 ONLY IIan0 N~ , ate ItseWt NtNa .. Ill 5, r v, 1 KENAI COUNCIL ON AGING May 3, 19881 2:00 P.M. SENIOR CITIZENS CENTER i. Presiding: Sylvia Johnson, President 1. ROLE L CALL Presents Fiocla Wilson, Gene Sipperly, Sylvia Johnson, Pat Cartee, Shirley Henley, Betty Warren Absent: Roy Moore, excused Also in Attendance: Project Director Pat Porter= Program - - - Coordinator Liz Schubert, Forget -Me -Not Senior Care Center: Councilwoman Linda Swarner, Glen Jackson, Clarence Ladd - 2. AGENDA APPROVAL C .h Council Member Betty Warren asked that Glen Jackson be added under Public Comment. The agenda was approved as amended. 3. PERSONS PRESENT SCHEDULED TO BE HEARD Clarence Ladd asked that his time be relinquished at this time, so that he could speak under "Public Comment." f 4. APPROVAL OF MINUTES - March 3, 1988 MOTION Council Member Betty Warren moved, seconded by Council Member Gene Sipperly, that the minutos be accepted as presented. -. Motion passed by unanimous consent. OLD BUSINESS a. Foundation - Building Expansion ' Project Director reported that Ross family donated $1,400 to the Center. She wrote a thank you letter indicating the money would probably be used to hire a lawyer to start the foundation_ - - She"also-stated that the congregate housing is a priority which j� needs to be worked on, but there is also need to continue to work -- -- on an expansion -to this building and this should be kept in mind. - I11 KENAI COUNCIL ON AGING May 3, 1988 - Page 2 Council Member Betty Warren informed that currently the Center depends on public funding, the legislature, the Older Alaskans Commission, and the federal government to continue to operate at this level. It will cost about $2,000 for attorney fees to set the foundation up. She commented that some contributors to foundations are people who do not have close family, or have extra funds to contribute, and as time goes on this center could become more self-supporting and not depend so much on public funding. There was general discussion regarding the lack of parking space, and the suggestion to have two lunch sessions. MOTION Council Member Shirley Henley moved, seconded by Council Member Piocla Wilson, that we request the City of Kenai to assist us in planning for additional parking space. Motion passed by unanimous consent. Chairwoman Sylvia Johnson asked that a committee be set up to include City Councilwoman Linda Swarner, and two volunteers to check with the City of Kenai. Clarence Ladd and Pat Cartee volunteered to serve on this committee. Councilwoman Linda Swarner stated that she would bring this up at the Council meeting tomorrow night. Project Director Pat Porter suggested that members of the Mayors Council on Aging get on the Kenai City Council agenda at the next City Council meeting on May 18, 19881 to remind the City of their needs. } Project Director Pat Porter reminded the Council Members k that solving the problem of parking needs to be done along with possible plans to expand the Center. b. Cushions and Drapes Project Director Pat Porter reported that the cushions and drapes should be here any day. -- -- c. Cookbook - - - Project -Director Pat Porter reported that the cookbook is at the printers and is expected any day. L C, KENAI COUNCIL ON AGING May 3, 1988 - Page 3 Council Member Betty Warren asked to make a policy comment. It has been the policy of the Council on Aging, whenever we have a fund raiser, whether it is a luncheon or a cookbook, that we give something back to this community by supporting the city and the merchants of this city. d. Woodshop Project Director Pat Porter reported on the election results. The vote was 54 in favor of closing the woodshop, and 44 in favor of keeping it open. There were 3 cancelled ballots, because of inaccuracy, with a total of 101 total votes. Chairwoman Sylvia Johnson commented on a misunderstanding of how the woodshop room would be used. The room will not be left empty or used as storage. There has been discussion of making it into an additional lounge area, a television room, or the possibility for crafts or exercise. She stated that the participation in the wood shop was small, while the lounge area was very over crowded with card tables and card playing, in conflict with those who want to watch television. Council Member Betty Warren asked if there was anyone who asked for a ballot and was refused the right to vote. There was no knowledge of anyone being refused the right to vote. MOTION _Council Member Betty Warren moved, seconded by Council Member Gene Sipperly, that we go along with what the majority of the senior citizens who attend this center voted on, and that is to close the woodshop, unless we get a negative report from the City of Kenai Council that we must do otherwise. We did vote, and I feel, as a member present today said to me, "a Democratic process should take effect," and I think it was Democratic to hold the election here at the center with the seniors that come to this center. Motion passed by unanimous consent. Project Director Pat Porter suggested taking a written vote by the _Mayors Council on Aging members. There are six members present. Chairwoman Sylvia Johnson opened the floor to public comment. 1 I KENAI COUNCIL ON AGING May 3, 1988 - Page 4 PUBLIC COMMENT 1. Clarence Ladd presented his comments in favor of keeping the wood shop open. He asked that the safety problem be corrected and not eliminate the woodshop and penalize the seniors who use it. 2. Mr. Bailey presented his comments and asked that consideration be given to tabling the decision to close the woodshop until a decision has been made an expanding the building. 3. Glen Jackson spoke of the liability which the City of Kenai has in this facility. He commented that beginning back when the building was designed, that there probably shouldn't have been a woodshop in the facility at all. The responsibility for the property lies with the mayor and the City Council and they should be making these decisions without any outside influence. He spoke of liability problems in the past whil7h affected the City of Kenai. Clarence Ladd requested that a letter from Marion Davis, dated April 22, 1988, be read into the minutes. (Attached) d. Woodshop (Continued) The written votes were counted. There were 5 votes of yes to close the woodshop, and 1 vote of no to keep the woodshop open. There was a clarification that this vote is a recommendation to the City of Kenai. It is up to the City of Kenai to make the final decision. 6. NEW BUSINESS a. Day Care Policies - Liz Schubert Li- Schubert - announced -- that the - Mayors -Council ova Aging Advisory Board also serves as the Advisory Board for the Adult Day Care -Program. - She encouraged the -council members -to become - more aware of what is happening in the adult day care program, and she would like to use her advisory board to come back to the Mayors Council on Aging when she has a policy decision that needs L- ..._�,...vita=`_.Si>.c,�.�ix�;..,��:�..... KENAI COUNCIL ON AGING May 3, 1988 - Page 5 f, to be made in the Center. She presented a quality assurance program, which is a self -evaluation tools The staff consists of herself as the Program Coordinator and an Activity Assistant. - - --- There is an open house on May 24 with a pre -work breakfast from 7 to 9 AM and all board members were invited to attend. MOTION Council Member Betty Warren moved, and Shirley Henley + seconded, to accept the presentation and approve all policies and presentations. Motion passed by unanimous consent. L..'� b. Congregate Housing Council Member Betty Warren read a letter from Representative C.E. Swackhammer thanking her for her public opinion letter on congregate housing. She does not expect to get _ funds for congregate housing this year. Project Director Pat Porter spoke to Senator Fisher and Senator Symanski and they both were very supportive of the project. She suggested that a meeting be set up with them this summer and go forth for next year. c. Center Jackets Project Director Pat Porter commented that she had been asked about having a jacket for sale to advertise the Center. There was general discussion on this subject, and Council Member Betty Warren was asked to get information to put in the June newsletter. d. July 4th Parade and Activities Councilwoman Linda Swarner suggested using last year's float ? in the parade. There was general discussion regarding a salmon bake at the center. There were suggestions of having a pancake -------------.- breakfast, or preparing sandwiches -and pies.- Clarence.. Ladd ._..--------.--..-----.__-- volunteered to donate fish to the Center. Project Director Pat T Porter will work on this. .. ..�.'�::. i•.. z.:,.^:la:i:-... .._, .. ... - - ':f�:�v� •i �l:tiiiiaiiTi'i�..iiJ- � .,,, ,. , ., , �r . -u., ., _,. _ .. ... 1� i KENAI COUNCIL ON AGING May 3► 1988 - Page 6 e. Discount Directory Project Director Pat Porter reported that the Senior Citizens Centers of Kenai and Soldotna will work together on a combined project, putting a discount directory together. ADJOURNMENT Meeting adjourned at 4:15 P.M. Wilma L. Staton, Recording Secretary Niva's Clerical Services for the City of Kenai L (71 L.;s. tole WAAAM�- b"4o; oar On A� oee 404 • IV 40L • a4l-1 All �444g.0 IlAo A Cft44ole 4 r" f y Y l Economic Development Commission April 28, 1988 7 pm Homer Electric Association Conference Room Vince O'Reilly. Chairman I CALL TO ORDER Chairman Vince O'Reilly called the meeting to order at 7 pm. Those Commissioners in attendance were: Penny Dyer Jim Carter Darren Bond Jim Elson Vince O'Reilly Barry Thomson was excused. Bob Scott, not excused. Roland Lynn was in attendance to give a report to the commission. 2. APPROVAL OF AGENDA The agenda for this meeting was approved with only one addition under New Business. Add item S. Seafoods of Alaska Lease Agreement. 3. APPROVAL OF MINUTES Minutes of the April 7, 1988 meeting were approved as read with no additions or corrections. 4. FREE DISCUSSION BY COMMISSIONERS (15 MINUTES) DtJWN BOND suggested the Economic Commission. members keep informed of legislative matters that concerned the city and make the Kenai City Council aware of issues that would affect the city. PENNY DYER agreed that it was the EDC intent when first started to study issues and make recommendations. JIM CARTER reported that' the Kenai Peninsula Caucus is alive and becoming more active and several bills were discussed that are in the working in Juneau. Suggestion that a added item be put on future agendas was discussed and it was agreed by all commissioners that ITEM VI: ITEMS FOR EDC CONSIDERATION FOR POSSIBLE RECOMMENDATIONS TO KENAI CITY COUNCIL be added to all future agendas. The City Clerk will be asked to do this. PENNY DYER noted that retail sales were doing ok for this time of year and hoped that business will pick up this summer. BARREN BOND stated that the real estate market was showing some activity and thought that it would pick up this summer. JIM CARTER reported that the EDD had their first meeting last week and he will keep the commission Informed. L Page 2 Economic Development Commission April 28. 1988 Homer Electric Association Conference Room 5. Concurrence with Roland Lynn Arrangement: Motion was made by Commissioner Jim Carter to use Roland Lynn Services and seconded by Commissioner Jim Elson. All Commissioners were in favor and the motion carried. 6. Resource Development Conference Valdez. After much discussion the Economic Development Commission members decided not to send a representative to the Resource Development Conference in Valdez. 7. Alaska State Firefighters Conference -Kenai. This conference will be held September 19-24 1988 and it is estimated there will be between 300 and 500 people for five days. Councilman Ackerly asked the EDC to give a report on the economic impact this conference will have on the area. Chairman Vince O'Reilly will ask Erick McDowell for his input on this. -- Discussion on,How to Monitor a Convention,and suggestions were discussed with Roland Lynn, who will help gather information. 8. RV Park. Commissioner Penny Dyer expressed some concerns that the Recreational Vehicle Park issue was dragging and she felt it was unfortunate and that the City of Kenai was losing out by not having a usuable park near the center of the city. After her - experiences and contact with folks you prefer traveling this way, she felt that the Kenai Peninsula was not taping into a major tourist source. She and Barry Thomson will get together with Roland Lynn to do a preliminary outline and rough draft and report back to the EDC. May 12,in Soldotna, there will be a "Visitors Industry Form' and one of the EDC members will attend this and report back to the commission. 9. Data Bank (see enclosed Study Outline Submitted by Roland Lynn) Jim Elson suggested that the EDC start working in phases on the Data Bank and he felt that more would be accompolished. All Commissioners were in agreement and felt that Roland Lynn could do a general survey on exactly what was needed so that the commission would not be duplicating information or using useless facts and figures. 10. Examination of Wildwood Annexation. A rough draft on the study outline was presented to the Economic Development Commission by Roland Lynn. (See enclosed draft) The advantages and disadvantages were discussed and the EDC Commission felt that more work was needed and they wanted to have more work sessions on it. Two meetings, May 5 and May 12 will be T held to go over the advantages and disadvantages. _..4:: r, F' Page 3 Economic Development Commission F_ April 28, 1988 Homer Electric Association Conference Room I 11. Seafoods of Alaska Lease Agreement. Chairman Vince O'Reilly received the Lease Agreement from the City Attorney Tim Rogers and asked for members from the EDC to get together with him next week. Commissioners Darren Bond, Jim Elson and Vince O'Reilly will meet at 900 on Tuesday. (see enclosed copy) _ R Meeting adjourned at 900 pm. r, , Upky DdTld for Niva a Cler cal Services, for the City of Kenai. 3-30-89 i 1� O-y KENAI HARBOR COMMISSION May 2, 1988 - 7%00 PM Held, Kenai City Hall Minutes of Regular Meeting Presiding: Leon Quesnel, Chairman Meeting was called to order by Chairman Quesnel at 7115 PM 1. ROLL CALL Present Absent Leon Quesnel Wally Page (unexcused) Will Jahrig Barry Eldridge (unexcused) Joe Nord Irvin Witbro (unexcused) Tom Thompson Ed Crabaugh (excused) In attendance: Public Works Director Keith Kornelis; James J. ilaagen, Pres., Northland Services Inc., of Seattle, WA 2. APPROVAL OF AGENDA Chairman Quesnel proposed changes to the agenda, to change "Persons Present Scheduled to be Heard" to Item 4; Approval of Agenda to Item 2; Approval of Minutes to Item 3. The agenda was accepted as amended. 3. APPROVAL OF MINUTES OF APRIL 181 1988 The minutes were approved as presented. 4. PERSONS PRESENT SCHEDULED TO BE HEARD James J. Haagen, Northland Services, Inc. 5. NEW BUSINESS a. Public Hearing; Tidelands Lease Application - Northland Service, Inc. - 1.5 mi. East of Mouth of Kenai River Mr. Haagen: What we hope to accomplish here is to provide a regular scheduled - barge -service in the -Kenai area similar -to -what we have done in - ( the past. We have been coming in here with barges since 1967 on a scheduled basis with exception of a couple of years, due to the .. ..-..,._„s".i_ _.. a�.t i�•.f ...,.:�:.-xz to ... ari:. .. -. _ � �_ci J:-�'�� �r::d�i=3�L �L_ •___ :. _ .,... ._.._w..a c.u-. , .. f.= r _---- .. 1 b 'r KENAI HARBOR COMMISSION May 2, 1988 - Page 2 lack of tonnage and lack of activity, and also lack of a suitable place to operate. We would like to get back in here again, we think things may start improving here, at least not get any worse at least from a standpoint of tonnage. And we would like to get started this year, hopefully before the fishing season is over. But when we came in here before we hauled in all types of cargos I think we're the only carrier that has ever came in here on a regular scheduled basis and, with the exception of three years we've done that since 1967. Previously, we came in down at Dragnet there at the Port of Kenai, and that facility is almost impossible to get barges in and out of because it keeps filling in. We had many difficulties holding our barges in there. Some of you, I am sure, are aware that we used to slide out about every second or third trip and had to come back in the next tide. It was very difficult there and we just need something better than that to do a job hets. So that is why we made arrangement with Kenai Packer to lease that property there, and of course now we need your support insofar as the Tidelands Lease to be in operation there. Question: You mentioned the Kenai Packers, do I understand that you have leased from Kenai Packers in that particular area? Sufficient area to accommodate your activities? Mr. Haagen: Yes, there is sufficient area there at the present time to do what we want to do; in the future we may want to expand it somewhat. But Kenai Packers has owned that property for some time. They haven't really used it much and so there is room there to handle quite a bit of tonnage, yes. Question: The floats are 6 ft. wide and 150 ft. long? At times it will be quite a ways out in the water in the higher tides? Mr. Haagen: Yes, we think that we will not be out beyond the area that we are asking to lease; in other words, we would not have a vessel out beyond where Kenai Packers and Salamatoff would be. As a matter of fact we would be in considerably from - the area they have under lease so - :s3 C QuestionA: I guess what I.am-wondering, if the floats are going - to be tied with one inch wire or cable, obviously, it -looks like --- with Dead Man - Mr. Haagen: Well, we haven't really decided definitely just how 01 KBNAI HARBOR COMMISSION May 2, 1988 - Page 3 we're going to secure that float; we're now thinking of inch and three quarter cable and chain, and big heavy turn buckles, at least five on that float, three up river and two down river. So I assure you it will be adequately secured there so that we don't have to worry about it staying there. Question: Will there be any problem with boats going behind it and getting into this cable? Mr. Haagen: The cables will have buoys hanging on them so that anyone would be able to see them, and they will be bright buoys so that even in night they will shine. So we surely don't want anyone running into them coming up the river there at night. So they will be bright enough so that won't happen. Question: What size vessels are going to be coming in? Mr. Haagen: Well, presently we will start out with barges that are 230 by 60; on occasion we will bring in barges that are 250 by 72. But the ones that we have planned to come in regularly will be 230 by 60. Question: Did you say 230 by 722 Mr. Haagen: 250 by 72 on occasion will come in. Question: What is the draft (inaudible) when you are loaded? Mr. Haagen: Oh, 6 or 7 feet, normally. It is possible to load 8 to 8 1/2. But we don't expect heavy loads, so the average barge will be drawing 6 or 7 feet. Question: So you are planning on being in total float when you are loaded there? You won't be hitting bottom? Mr. Haagen: We may touch down occasionally on the minus tide, on the one side of the barge, yes. We may. But the barge would still be pretty much afloat; we would touch down on the port side. Question: You plan on coming in on starboard side to (inaudible) Mr. Haagen: No, we're actually planning to come in port aide to _ - the bow would be up river. +w. J V - 1 • 1 I I KBNAI HARBOR COMMISSION May 2, 1988 — Page 4 r;f Question: What sort of a draft are you looking at on an empty condition? Mr. .Haagen: What's the barge? 2 1/2 to 3 feet. - Question: Draft on the tug? s Mr. Haagen: Draft on the tugs will vary from 10 to 14 feet, depending on the size of the tug and how much fuel they have on - = board. Questions That would therefore state that they are going to come in park the barge and take off and come back in after - ? Mr. Haagen: Yea, they will always come in and leave on high water. Questions But the tug will not stay in the river? Mr. Haagen: Normally, it will fall back in the hole up there a little bit toward the ocean from Kenai Packers where we used to . go and anchor all the time. Rather than going out to sea they i just go in that hole. Just seaward of Kenai Packers and just lay 1 there real well. i Question: So you're going to be putting in a yard there for { usage? Mr. Haagen: Yes, we'll put a yard there and we'll have reefer j = vans there with power to plug in reefers, yes. Question: What size yard will you be putting in? Mr. Haagen: Well, we're going to start in with about an acre and a half. And most of that will be on existing property now. `. Question: This is just a summer type operation? Mr. Haagen: Weli,- we' -re -plane-ing that way, but on -the -open winter, if it is open, we'll keep coming in all winter. But our thinking is- _that -we -probably -will -have -to remove this float around Christmas time. And our plan is just float it up the bank and secure it and put it back out again the first of March or , whenever the ice is gone. That's the whole idea of putting it r Ss 'r _, t1 KENAI HARBOR COMMISSION May 2, 1988 - Page 5 in the way we're doing it, is that we will be able to float it right up the bank on a high tide and secure it and just leave it there, and then in the spring float it back out again. Question: Have you built this type of float somewhere else, is this something new? Mr. Haagen: Well, we have floats in Seattle now where we set our end of our ramps on them, yea, and we have used them up in the Yukon and various places on a seasonal basis, yes. Question: The dead men, are they going to be, the tops of them will be right at the mud line? Mr. Haagen: Right. In other words, the dead men will be driven in, there will be big heavy eye beams, actually they are one foot } by two feet, and what we're going to use is big, huge barge stanchions that we used to have on some of our barges, and we'll drive those in right down to the mud level. And they'll have big pad eyes on them that we'll shackle in our cables to and then on the barge end we'll have chain, big turn buckles so we can adjust them and bring them up tight, etc. Question: All dead men will be - Mr. Haagen: Yes, they will be clear down in the mud, they will not be sticking up at all. Question: Have you got plans drawn up yet of this ramp and -- Mr. Haagen: We do not have the plans drawn yet, no, we wanted to wait until we made sure what size ramp, how long it had to be, etc.; we're still working on that a little bit. Question: I'm interested on the bracing of it, as opposed to the cables, the compression (inaudible) Mr. Haagen: Yes, we're going to have at least four big pipes coming -to the beach from the float. Question: To the beach? 5 Mr. Haagen: To the beach, and to the dead men. They will be braced in to the dead men so that this float will be braced back is r- RENAI HARBOR COMMISSION May 2, 1988 - Page 6 to the beach in four places. So that when the vessel comes against the float, it will not move in toward shore. Questions This has not been engineered yet? Mr. Haagen: We haven't drawn up the final plans for it yet. We want to get our permit and get our Corps permit before we do that. Question: In a business like this, who would be carrying the insurance for liability? Mr. Haagen: Oh we will have more than adequate amount, we carry five million now on every terminal we use all over Alaska. Question: Are you saying that you will be able to get your permit prior to the design of your ramp and -- Mr. Haagen: Well, the Corps requires a general sketch of what you're going to do# they do not require a final detailed plan. of the construction. General discussion between the Commission members. Question: Is 6 ft. float wide enough? Will you have to run fork lifts out there? Mr. Haagen: Oh no, the ramp will actually be resting on the barge when we're driving aboard with the big fork lift. The float is something to hold the ramp when the barge is not here and something for the barge to tie to. But the ramp itself will be lifted up on the barge, then we will drive right from the land to the vessel. in fact we load 90% of our cargo in Seattle that way now. We have big cranes and we use them up here in very small communities where there are no facilities to do it otherwise, but the bulk of cargo now on barges out of Seattle is all loaded with forklifts. It's the most efficient way to do it you see, you have to have those big forklifts in the yard anyway to handle your cargo so you might just as well put the cargo on with them. Questions Is this a one-piece ramp? L Mr. Haagen: No it would be a two-piece ramp. It would be too L J n KENAI HARBOR COMMISSION May 20 1988 - Page 7 heavy as one-piece to handle. We have about 8 sets of them now in different areas and they are all two pieces. Question: It's the same system you already use, so it has been proven? Mr. Haagen: Oh sure, yes. Question: And these pipes, these cross arms are your positive push and positive pull also? Mr. Haagen: Well, they will be pipe in the middle and on the ends will be made out of ship's booms so we can shackle them in and they will have flexibility. Big heavy ship's booms, but in order to get the length, we'll have to put a big piece of pipe in the middle because they just don't make booms long enough. Question: How many reefer vans do you plan bringing up? Mr. Haagen: Oh, we hope quite a few; actually, we own 180 forty foot reefer vans, which is never enough. We carry a lot of foreign reefer boxes; for instance, we have agreements with practically all the steamship lines that run to the Orient. We bring their vans up to Alaska, source load the product, and it goes back up to Seattle and on steamers and right on to Japan and Korea. Question: You can do through billings then, on vans to Japan then? Mr. Haagen: Yes, APL, Japan Lines, NYK, you might say everybody but Sea Land, and they pretty much have their own gathering system up here. But we handle vans for practically every other steamship line. We carry them all over Southeast, up into Bethel, Naknek, Dillingham, Peterson Point, Igiak► Kodiak, all over. Question: Do you have any priority arrangement with Kenai Packers? Mr. Haagen: When you say priority, what to you meant insofar as shipping of cargo? Not really, they're one of our best customers.- - i' . ,. — Sks.' -.,v;W-'::L•:;_3.'�O.ii ...� - .- .._ - -. _._ .. .<. _. ut:3`•_a;= i.fi4'3f�>:: L Lij ■ L a `M 1.: t 1 r-' KBNAI HARBOR COMMISSION May 2, 1988 - Page 8 Questions You're leasing their property. I was just wondering Mr. Haagen: They have no priority on our vessels, no. We have arrangements will all the steamship lines to haul cargo for them. Question: Will you be up here this summer? Mr. Haagen: Well, we hope to. We hope to have some in here this summer, yes. Question: In order to send your vans straight here from Kenai to Japan, do you have to have them inspected or sealed by Customs? - Mr. Haagen: The foreign boxes, you mean? No. We take them back to Seattle, or to Dutch Harbor, and they are turned over to the steamship lines there and they handle all the export paperwork. We're just hauling between two U.S. ports. That's no problem at all. Question: When you dock there, are your bavges going to be on the flow of the traffic of the river? Mr. Haagen: I don't think so. We've never had a difficulty in the past. We always come in right at high water, and even when we went up to Dragnet, which we had to go by a lot of fishing boats, we always got good cooperation out of the fishermen. But here, of course, it will be so much easier because we're not going as far. The only boats we'll have to go by are the ones at Kenai Packers. They generally anchor off the channel a little bit and we come right down by there and we never had a problem in that regard. Question: I just wondered if it would be far enough out in the channel where the boats go by - Mr. Haagen: No, I don't think so. Because we come right down fairly close in. If we get over on the channel too far there isn't enough water, but we can always get inside of where the fishermen anchor at high water, and of course, we don't travel except at high water. Question:- If -you are anchored there and a tender comes _in, he ----. can get by you? L Ill 7 r) KHNAI HARBOR COMMISSION May 2, 1988 - Page 9 Mr. Haagen: Oh yes, there is plenty of room. it is surprising at how much there is at high water. Question: It looks like you are going to sit back kind of in that notch and so you're back on the shore side, and there's no problem with traffic at all. Mr. Haagen: Yes. Question: Of your 175 foot ramp, how much of that would be sitting on dry land? Mr. Haagen: How much of the ramp? Just the end of it. Question: Where are you tying in the end of that ramp? Right where that little, very short (inaudible) is that where it is? Mr. Haagen: Yes, we're going to be pretty close to Kenai Packers, where the borderline is, where the property line is there. So, we're going to be about a hundred feet up river from the Kenai Packer's plant's line. There are two pieces of property there. That property is the old Alaska Packer's property, as you probably know, that they bought as North Pacific Processors, so there is two pieces of property there. One piece is never used except they stored some empty equipment on it. So we're going to be right seaward of where that little stream runs down there. Question: That hill that's there, that little knoll be coming out? Mr. Haagen: No, I don't think so. Our permit is such that we can't do anything on the river bank there. We can't disturb anything. That's why we're going with this floating ramp. We don't need to disturb anything. We will be going from the high water mark to the float. Question: How far upstream from the Kenai Packers dock are you going to be? Do you know that right off hand? Mr. Haagen: From the dock; it will be quite a distance.---Do-you know where they go down, where they launch their boats, where r they have those concrete -steps going-down?-1 would -say it would be approximately 100 feet up river from that. r- KENAI HARBOR COMMISSION May 2, 1988 - Page 10 Questions O.K. Is there any chance of these downstream wires interfering with that - ? Mr. Haagen: No, we Won't put any dead men beyond the line. Question: So you're saying, starting with your lines would be 100 feet from that - Mr. Haagen: A little more than 100 feet. Question: Your ramp would be actually further? Mr. Haagen: Yea, it would be a little over 100 feet from where the line is, and the line is just a little up river from where they launch the boats. Question: You're going to ask for 400 feet on both sides of the leased property? The City tells me that what they want to do is (. to make sure that is a straight line with the property which is presently leased - Kenai Packers and Salamatoff Seafoods. Mr. Haagen: Right, we would stay in line with the others. We would not go beyond. In fact, we don't need to go that far, but we think that we should just to stay on that line. Question: So you understand then one side we have 215 feet, the other side 350 feet? Mr. Haagen: Right. Question: You're going to be pretty close to the outside edge on that? Mr. Haagen: Pretty close on the widest barges, right. Question: When you have the tug tied up alongside, it looks like with that narrower one, you're looking at roughly 265 feet. Another 60 ft. for the barges and 30 ft. for the tug. You're going to be pretty close. Mr. Haagen: Right. Well, the tug doesn't have to be there. Question: Sure, it's just in and out. I don't see any real problem there at all. - r, ; Y 4, '}l ,i �j f �I a 6m r KFNAI HARBOR COMMISSION May 2, 1988 - Page 11 General discussion followed. Question: At this point in time, what kind of frequency of barges are you looking at? One every couple of weeks? Mr. Haagen: We're hoping to be in every two weeks, that's what we're thinking. Question: You're probably going to be coming in on one high tide and leaving on the next high tide aren't you? Mr. Haagen: Right. It would be very rare that we would be there over twelve hours. There might be on occasion when the high water is the middle of the night, we might come in the middle of the night and not start working till daylight in the morning, and possibly not make it out on the next high water. Question: You also stated here that the ramp and float could be used by fishing boats, etc. What have you in mind here? Mr. Haagen: Well, we really have nothing in mind, except that we have such a relationship with the fishing industry all over Alaska that we're sure there will be times when some fishing boat is going to want to use it. Question: Use it from the standpoint of tying up alongside of it, or are you talking about off loading or anything like this? Mr. Haagen: Well, perhaps both, but probably just tying up. Question: Because from what I can understand, I have no real concept as to how this ramp would work. From what you have said, it changes the picture a little bit in my mind. Really, there is no access to the ramp from the floats? Mr. Haagen: We have no plans of cargo being off loaded over the ramp other than our own, coming from our own barge. When we do that the ramp will actually be on the barge. General discussion followed. Question: Are you going to have somebody -around locally who --is - going to keep an eye on that thing to make sure nobody is tied up there when you want to come in? III 11 1 KENAI HARBOR COMMISSION May 2, 1988 - Page 12 Mr. Haagen: Yea, we will have a man here to be manager, but again, it is pretty hard to keep a fisherman from tying up when he needs to tie up somewhere. General discussion followed. Question: Your proposed construction completion is October 1, 1988? Mr. Haagen: Well, we're hoping this fall at the latest. But actually it won't take long to put this in once we build the bridge and the float as you can imagine. We'll bring it up on a barge and probably do it all in a few days. We're just hoping that we can get started by the time the heavy fishing season is here. If we can get the permits and get this lease resolved, etc. It could be a big year here. Last year, they ran out of containers here, some of you probably know. Last year we should have been here. Gcnetal discussion followeO. Chairman Quesnel read Planning and Zoning Commission Procedure regarding lease applications. The chair asked for a motion. MOTION Commission Member Tom Thompson moved, seconded by Commission Member Will Jahrig, that we recommend that -the lease application of Northland Services, Inc. as submitted be approved. Motion passed by unanimous consent. b. Increase Lease Period - Report from Public Works Public Works Director reported on a compromise with Keener Packing Co. If they take fish across the -dock before May 15, they will pay at least whichever is the highest amount of the cents per pound they bid, and it would not go toward their min-imum--bid-of the regular -station because -that -period is just for that period. It came out to $304 per day, or 4 cents a _ pound,_ which -was _his bids -whichever is _greater. The charge would --- be for each day at a time before May 15. 6. OLD BUSINESS t—" KENAI HARBOR COMMISSION May 2, 1988 - Page 13 a. Status Report on Commercial Fishing Industry Study Chairman Quesnel reported that he met with Doug Coughenhower last week, and with Vince O'Reilly, who is the Chairman of the Economic Development Commission. Mr. Coughenhower went over the schedule and plan of action on the survey he is going to make. Chairman Quesnel stated he would keep the Commission members informed as they progress. b. Review of Rules and Regulations, Including the Fee Schedule Commission Member Tom Thompson went over recommendations for the following changes: 10.10.120: To define "the area" to read 150 feet. 10.10.130: To redefine "Mooring." 20.65.040: To delete "owned by patrons in the harbor." 20.90.000: To change the word "waste" to "sewage." 30.40.000: To change the word "wharf" to "floating dock." 40.15.000: To delete the last line, "Charges will be assessed in one -quarter hour increments or portion thereof." 40.30.000. To delete "Charges will be in one -quarter hour increments." c. Status Report - Kenai River viewing Area Public Works Director Keith Kornelis reported that $90,000 was appropriated for this project. d. Statue Report on Floating Dock Nothing new to report. e. Status Report on Navy Home Porting Project , Nothing new to report. u Ci L ,.sue .'s:.4:.�:rt'�1a,�a'.:�''�,;- .__», _. � . • . _ r:. :-_ ... III KENAI HARBOR COMMISSION May 2, 1988 - Page 14 7. CORRESPONDENCE A. Chairman Leon Quesnel read City of Kenai Ordinance 12- 55-88. Public Works Director Keith Kornelis reported that this is a backup to the City regulations. The Commission noted this ordinance be presented to the City of Kenai. b. Chairman Leon Quesnel read a Borough Planning Dept. invitation to the Visitor Industry Porum on May 12, 1988s at the Central Peninsula Sports Center. Chairman Quesnel will attend as representative. c. Memo from Planning Dept. - Report from Public Works. No action. S. COMMISSION QUESTIONS & COMMENTS General discussion. 9. ADJOURNMENT Commission Member Joe Nord moved, seconded by Commission Member Will Jahrig, to adjourn. Motion passed by unanimous consent. The meeting adjourned at 9:10 P.M. Wilma L. Staton, Recording Secretary Niva's Clerical Services for the City of Kenai d JD-4 KENAI LIBRARY COMMISSION May 30 1988, 7:30 pm Minutes, Regular Meeting Held, Kenai Community Library Presiding: Kathy Heus, Chairwoman Present Absent Kathy Heus Paul Turner (excused) Doug Emery Janice Rodeo (unexcused) Carol Brenckle Dennis Simmons Susan Smalley In Attendance: Emily DeForest, Library Director Chris Monfor, Councilwoman +: j - - Ethel Clauson i J.L C&L TO ORDER The meeting was called to order at 7:35 pm. ROLL CALL Roll was called. Five Commissioners were present with two absent. 1, APPROVAL OF AGENDA The agenda was approved as presented. 4.L APPROVAL OF MINUTES - Agril 5. 1988 HOT ON Commissioner Emery moved to approve the minutes as presented. The motion was seconded by Commissioner Smalley. Motion passed. LL PERSONS SCHEDULED TO BE HEARD None. §-L DIRECTOR' S REPORT Volunteers- luncheon was attended by eighteen: Director DeForest thanked everyone for attending. Budget has not been settled as yet. City will replace the $5,000 to the library for books. The library will not be receiving a part-time employee; however, some funds have been allocated for occasional help when necessary and a gardener. Director DeForest has not heard the from grants. .�kaa::..a<._••1 •. .:,.-..�L:�:,P�"' ..-.I..N.v1 i.•. ✓:ti .. .__. __. __ —.. _.__., _ .. ,__,<..na...asiacslam arm _._. ___._ ____—_. P- V 1 � JI KENAI LIBRARY COMMISSION May 3, 1988 f page 2 The projector is still short one speaker. Director DeForest _ has contacted Midwest Communications and they are sending another speaker. May 15th is the beginning of the summer movie program. HB 449 has been back -logged in the legislature. ' Bar coding is continuing, with 15,000 entered, which is not yet half of the collection. weeding is being done at the same time. Director DeForest commented on the patience and helpfulness of the library users, during this very busy and --- _ _- time consuming function. Zs OLD Bus awss4 a. Student Reprebontative. A letter of resignation has been received from the student representative. Discussion followed. The general consensus of the commissioners was to 1 wait until the fall to select another student representative. MOTION 1 Commissioner Emery moved to start the process at the August meeting, searching for a new student representative, in the hope of seating that representative at the September meeting. ` The motion was seconded by Commissioner Brenckle. Commissioner Smalley moved for unanimous consent. There were no objections. The motion passed. b. Budget. The budget was covered during the director's report. A brief discussion followed. c. Books on Tape. The machine has been repaired and is back r. at the library; it has not been tried at this time. d. Video Projector. This was reported earlier during the director's report. The purchase and use of video tapes was discussed. Director DeForest will be purchasing video tapes this week, and also, the film library will reproduce some video tapes, those that allow them to be copied. The circulation checkout- procedure of audio/visual equipment , ____ ---- ,. . -and_ and supplies was explained and discussed. -_-- - e. HS 449. Chairwoman Heus read the bill and sent a -letter i regarding the objections the library commission may have, to the committee to which it has been assigned. Commissioner Emery was assigned to track the progress of the bill, and he r r explained it is in the Judiciary Committee at this time. t�', - - _- I-- __ - —�..., ... .' ......L.. a. o - ,. �..:i.-....:.:i.¢i'::.itL�+=1....w....,_._ , .�._....x: !k'. .•.:'� i• t. 0 afl KENAI LIBRARY COMMISSION May 3, 1988 page 3 f. Law Library Committee. Commissioner Brenckle reported on the list of names of possible committee members. Nine members were suggested to sit on the committee, this would include Commissioner Brenckle. Commissioner arenckle received a call from Mayor Williams, who had suggested possibilities of members to serve on this committee also. Discussion followed with suggestions to prepare a presentation to the counvil for approval to study the feasibility of this endeavor, so as to form the committee. MOTION Commissioner Emery moved to approve Commissioner Brenckle's list of committee members to study the feasibility of the law library, adding some connection with Kenai Community Library. The motion was seconded by Commissioner Smalley. The motion passed unanimously. MOTION Commissioner Emery moved to go before the May 18th City Council meeting for a special presentation on behalf of the commission regarding the Law Library Committee and its anticipated work. Commissioner Smalley seconded the motion. The motion passed unanimously. Chairwoman Heus and Commissioner Brenckle will attend and present this to the City Council. g. Paperback Book Holders. Commissioner Emery asked if the paperback book holders had arrived. Director DeForest indicated they had not, but will be arriving soon. NEW BUSINESS a. Library Expansion. Chairwoman Heus felt it was not too early to start thinking toward the future. To work towards one of the Library Commission goals of expansion, it was suggested to start talking and making notes - of - ideas--as--to what is needed, in terms of expansion. Discussion followed. I. COMMTSSTONER'S COMMENTS and OUESTXONS Commissioner Brenckle expressed her appreciation to the city for the invitation to the social function. KENAI LIBRARY COMMISSION May 31 1988 page 4 Commissioner Emery was appreciative of the opportunity to attended the luncheon, and congratulated Commissioner Smalley on the feature regarding the book sale. Chairwoman Heus felt the volunteer luncheon was very nice and expressed her appreciation; and also, congratulated Commissioner Smalley for all the areas she represents. Director DeForest thanked everyone for coming and joining the volunteers at the luncheon. The volunteers are very hard working and devoted, and explained how hard it is to let them know how much they are appreciated. Councilwoman Monfor mentioned the city is having a second annual thank you "Volunteer Evening" on May 20th for volunteers. la, &RJOURNMENT The meeting adjourned at 8:35 pm. N va A. Aburto dba/Nivale Clerical Services C) 71 r-- 15 -1 AGENDA KENAI CITY COUNCIL - REGULAR MEETING MAY 4, 1988 - 7:00 PM A. CALL TO ORDER 1. Pledge of Allegiance 2. Welcome to Student Representatives 3. Roll Call 4. Agenda Approval S. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non -controversial by the Council and will be approved by one motion. There will be no separate discussion of these items unless a Council member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. B. SCHEDULED PUBLIC COMMENT (10 Min.) 1. Kenai Borough Mayor Gilman - Land Fill 2. Lloyd Little - Memorial Park 3. Marc Zimmerman - Transfer Permit - Airport Terminal Kiosks C. PUBLIC HEARINGS 1. Ordinance 1255-88 - Amend Kenai Municipal Code, Title it - Penalties for Blocking Dock Facilities 2. Ordinance 1256-88 - Increasing Rev/Appns - Federal Revenue Sharing - Purchase Caterpillar Grader - $93,000 3. Resolution 88-32 - Supporting Timber industry Development in Boreal Forest 4. Resolution 88-33 - Transfer of Funds - Senior Employment Fund - Unemployment Costs, 88-89 - $1,378 5. Resolution 88-35 - Awarding Purchase of 1206 Grader to NC Machinery 6. Resolution 88-36 - Support of Gov. Cowper's Job Bill Affirmative Action Program 7. Renewal of Liquor License - Runway Lounge The Rig D. COMMISSION/COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission - 3. Economic Development Commission 4. Harbor Commission 5. Kenai Bicentennial Commission 6. Library Commission 7. Recreation Commission S. Planning & Zoning Commission 9. Misc. Comm/Comm E. MINUTES 1. *Regular Meeting, April 6, 1988 j 2. *Special Meeting, April 13, 1988 I 3. *Regular Meeting, April 20, 1988 4. *Special Meeting, April 25, 1988 E F. CORRESPONDENCE 1. *Marilyn Wheeles - Enstar Charges 2. *Rep. Swackhammer - Trail Lakes Hatchery and Fish By -Products Industry 3. *Sen. Fischer - Municipal Assistance and Revenue Sharing 4. *Fish & dame Commissioner Collinsworth - Trail Lakes Hatchery and Fish By -Products Industry 5. *Misc. Correspondence Regarding Closing of Senior I Center Shop 6. *Local Boundary Commission - Formation of Borough in Nikiski G. OLD BUSINESS 1. Near/Lofstedt Property - LID's H. NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Requisitions Exceeding $1,000 3. *Ordinance 1257-88 - Amending Kenai Municipal Code, Title 1 - Increasing Time Acting City Atty. .Must Serve Prior to Being Entitled to Minimum Salary Rate for City Atty. 4. *Ordinance 1258-88 - Amending Kenai Municipal Code, Title 23 - Addition of Class Title and Pay Range, Deputy City Atty. 5. - *Ordinance 1259-88 - Increasing Rev/Appns - - Library Books_.- $10700 6. Discussion - HEA/City - Street Lighting Agreement 7. -Discussion - Harbor -Rate -Schedule - -- 8. Approval - Tidelands Lease Application - Northland Services C. 9. Discussion - Salary Issues I. ADMINISTRATION REPORTS u �s L - c r 1. Mayor 2. City Manager 3. Attorney 4. City Clerk 5. Finance Director 6. Public Works Director 7. Airport Manager ". J. DISCUSSION 1. Citizens 2. Council -- - - - . K. ADJOURNMENT n KENAI CITY COUNCIL - REGULAR MEETING - MINUTES MAY 4, 1988 - 7t00 PM KENAI CITY HALL MAYOR JOHN J. WILLIAMS PRESIDING A. CALL TO ORDER A-1 Pledge of Allegiance A-2 Welcome to Student Representatives Mayor Williams introduced the student representatives and explained, they would be running the Council meeting up to NEW BUSINESS on the agenda. All votes taken by student representatives will be confirmed or amended by their Council counterpart. A-3 Roll Call Present (Students)S Carter, Harris, Huff, Keene, Parsons, Wardell, Stoops Present (Council)t Ackerly, McComsey, Measles, Monfor, O'Reilly, Swarner, Williams Absents None A-4 Agenda Approval a. Student Mayor Stoops asked that Roo. 88-38 (Authorising Participation in State Day Care Assistance Program), distributed this date, be C -) added as item C-8. b. Student Mayor Stoops asked that letter from Dick Mueller regarding Kenai Landfill, distributed this date, be included under item B-1. C. Student Mayor Stoops asked that Rea. 88-37 (Transf. of Funds, Survey of Tidelands, Kenai River), distributed this date, be added as item H-8as and PO to McLane 6 Assoc. for $2,700 for survey of tidelands, distributed this date, be added as item H-8b. MOTIONS Student Councilmember Huff moved, seconded by Student Councilmember Keene, to approve the agenda as amended. VOTE (Passed)t Yeat Carter, Harris, Huff, Parsons, Wardell, Stoops Not Keene Councilman Measles asked that item C-6 Ines. 88-36, Support of Gov. Cowper's Jobs Bill Affirmative Action Program) be deleted. He said Council should not be involved. Mayor Williams explained, he brought it to Council at the request of the Governor. Councilwoman Swarner said they did not have enough information. Councilwoman-Monfor said the City is deviating from the - business of the City. MOTIONt Student Councilmember Keene moved, seconded by Student Councilmember Huff, to delete item C-6 from the agenda. t` VOTE (Passed): II KENAI CITY COUNCIL - REGULAR MEETING - MINUTES MAY 4, 1988 - 700 PM KENAI CITY HALL MAYOR JOHN J. WILLIAMS PRESIDING A. CALL TO ORDER A-i Pledge of Allegiance A-2 Welcome to Student Representatives Mayor Williams introduced the student representatives and explained, they would be running the Council meeting up to NEW BUSINESS on the agenda. All votes taken by student representatives will be confirmed or amended by their Council counterpart. A-3 Roll Call present (Students)t Carter, Harris, Huff, Keene, Parsons, Wardell, Stoops Present (Counoil)t Ackerly, McComsey, Measles, Monfor, O'Reilly, Swarner, Williams Absont: None A-4 Agenda Approval a. Student Mayor Stoops asked that Res. 88-38 (Authorising Participation in State Day Care Assistance Program), distributed this date, be added as item C-8. b. Student Mayor Stoops asked that letter from Molt Mueller regarding Kenai Landfill, distributed this date, be included under item B-1. C. Student Mayor Stoops asked that Res. 88-37 (Tranaf. of Funds, Survey of Tidelands, Kenai River), distributed this date, be added as item H-8at and PO to McLane i Assoc. for $2,700 for survey of tidelands, distributed this date, be added as item H-6b. MOTIONt Student Councilmomber Huff moved, seconded by Student Councilmember Keene, to approve the agenda as amended. VOTE (Passed)t Yost Carter, Harris, Huff, Parsons, Wardell, Stoops Not Keene Councilman Measles asked that item C-6 (Res. 88-36, Support of Gov. Cowper's Jobs Bill Affirmative Action Program) be deleted. He said Council should not be involved. Mayor Williams explained, he brought it to Council at the request of the Governor. Councilwoman Swarner said they did not have enough information. Councilwoman Monfor said the City is deviating from the business of the City. MOTIONt Student Councilmember Keene moved, seconded by Student Councilmember Huff, to delete item C-6 from the agenda. VOTE (Passed)t r I KENAI CITY COUNCIL MAY 4, 1968 PAGE 2 Yea: Carter, Harris, Buff, Keene, Wardell Not Parsons, Stoops Mayor Williams noted the City has $500,000 from the Governor on this. Council approved the vote of the student representatives by unanimous consent. A-5 Consent Agenda MOTIONt Student Councilmember Parsons moved, seconded by Student Councilmomber Keene, to approve the Consent Agenda as submitted. Motion passed unanimously by roll call vote. Council approved the vote of the student representatives by unanimous consent. B. SCHEDULED PUBLIC COMMENT { B-1 Kenai Borough Mayor Gilman - Land Fill , Mayor Gilman. He is asking the City to consider extending operation of the land fill. He reviewed the history: The land fill has been in existence since the mid-60's. In 1973 the Legislature mandated the Boroughs take over solid waste management in the State. About 1981 the City of Kenai took over zoning �... authority, then passed a zoning bill to restrict the area from future land fill development. The Borough has not done a good job projecting the needs of the land fill or finding a new location. They have had many studies. They proposed Elephant Lake lone square mile). It is a sand bed. It does not meet any DEC requirements without an expensive lining. It would require 3-1/2 to 4 miles of road at a cost of $3 Million. The City has given the Borough operating authority till Nov. 1988. The Borough now has to dig another pit, it would be good for 12-15 months at the present rate. They are asking to extend to the and of 1989, or the first of 1990. It should coincide with their proposals. They will be back to Council asking for approval because their contracts for maintenance run out the and of July. Mayor Williams said Kenai received a $90,000 grant for the river viewing system, but lost $100,000 for the fill at the new dock facility. By losing that and being presented with a land fill problem, he had a proposal. If Council allowed.one year extension and the Borough would pay the City a surcharge of $85,000, Council could undertake a program of removing 54,000 yds. of fill to transport to the dock. The City would have the sand, the Borough would have their pit. They could use City equipment and do the work at night. Mayor Gilman explained, he could not commit to this. Student Councilmember Carter asked, he wanted to expand the facility, without a lining?- Mayor Oilman Tepliod, this site does not have to be lined. Student Councilmember Carter asked, why not do it anyway? What about seepage into the water? -Mayor Gilman replied-, that will be - required of the Borough, but not at this site. That is one reason the Borough might reconsider Elephant Lake. They will have to line all sites in 1990. If that is required, they will build closer to the roads. Student Councilmember Keene asked, no matter where we have the I11 a 0 KENAI CITY COUNCIL MAY 4, 1988 PAGE 3 land fill, we will have to line it after 19907 Mayor Gilman replied yes, no matter what kind of soil. Student Mayor Stoops asked, if the City grants for one year, how far will the Borough want to go? Mayor Gilman replied, within 1-1/2 years they should have a site. In this time frame they will evaluate alternatives to the land fill. Incineration does not remove, we still have to get rid of the ash. Student Mayor Stoops asked, is there an appropriation by the Borough for this or Elephant Lake? Mayor Gilman replied no, just a study. If Kenai does not approve the extension, they will use the Soldotna site. It has 8-10 years of life. It will be expensive to haul from Kenai to Soldotna. Councilman Ackerly noted in the June 23, 1987 letter to Mayor Thompson we wore to have a plan but we never received it. Also, what happens to the methane gas at the dump? Funding to redevelop the site should be considered. Mayor oilman replied, he will find out if there is a redevelopment plan. There was discussion of a baler at one time. Councilman Ackerly asked if it was the City's responsibility to reclaim the land. Mayor Gilman replied no, it is the Borough's. Councilman Mccomsey asked, if we said yes, what would it cost to line? Mayor Gilman replied he would check. Councilwoman Monfor noted this has been going on for a long time. If we extend, is there enough of a plan that the Borough will not come back? Mayor Gilman replied he cannot guarantee. It is too hard to build a land fill. Councilman Ackerly asked if Council could have the answers by May 18 meeting. Mayor Gilman reviewed the questionst a) Redevelopment and closing of the pit. b) Cost of lining the pit. o) 30,000 yds. of fill and $85,000 compensation. d) Added cost of transporting waste. Mayor oilman added, the rates are set by APUC, the Borough does not set them. MOTIONt Student Councilmember Keene moved, seconded by Student Councilmember Harris, to close the discussion. MOTION, Tablet Student Councilmember Keene moved, seconded by Student Councilmember Huff, to table action to the May 18 meeting. Motion to table passed unanimously by roll call vote. Council approved action of the student council by unanimous consent. B-2 Lloyd Little - Memorial Park Lloyd Little, Commander, American Legion. He is requostings a) The minutes of the Council and Beautification-Committes be produced showing the process of determining the name of and authority for, the Leif Hansen Memorial Park. b) The Council consider the appropriateness of procedures used for the naming of-the--Leif-Hansen Memorial Park._ c) The _ Council reconsider the naming of the park, and the renaming of the park be brought before the people of the City -for discussion. d) The American Legion submits for consideration by the Council, the name KENAI PENINSULA COMMUNITY MEMORIAL PARK. Student Councilmember Carter asked, why are they so unhappy with the currant name? Mr. Little replied, as a L 7 KENAI CITY COUNCIL MAY 4, 1968 PAGE 4 veteran and a voting member of the community, he did not think democratic practices were done. Student f Councilmember Keene asked, who generated the idea for ! the name? Mr. Little replied, he did not know. PUBLIC COMMENT: a. Sally Bailie, 1503 Toyon Way, Kenai. This is the 3rd time she has addressed the issue. She and Mr. Keene came up with the idea. Leif Hansen, a student of Kenai Central High School, was killed two years ago in Seward. Feeling the loss of j Leif, they felt it was not appropriate to just, send flowers. They wanted a living memorial. The area was called a green strip. Nothing could ever l be built there so it would always be a park. She was on the Council. she brought this to Council with the suggestion it be a memorial park, trees 1 could be bought for a price. It would accomplish a living memorial and beautify the City. There j were several public hearings on this issue. They 1 made a survey of the community regarding the name. They had one negative response, that person said he did not believe in naming anything after people. They had much support from the community. They designed the park, the veterans came to the City and said they wanted a memorial also. The City spent extra money to redesign. The veterans memorial is there and is very impressive. She has been in several meetings over the last few years to finalise this. The irony is that what started �. out as a memorial and positive for the Hansen has turned into a situation with cruel and crude language and bad remarks by the veterans. Mayor I Williams attended a meeting for discussion of the dedication of the park. One person had to be 1 called out of order because of his language. i Those of us involved were embarrassed. She recently lost a parent. she thanked Council for a place to put a memorial for her parent. Regarding the minutes of the City, they are always available at City Hall and the library. Every vote was completely unanimous by the Council and Beautification Committee. Regarding the appropriateness of the proceedings. She reminded people of the Joyce Carver Memorial Library and memorials for Karen Hornaday, Bernie Huse and Warren Ames. A precedent has been set. Regarding reconsideration of the renaming and bringing it to the people. It was brought to the City 3 times at public hearing. Regarding the American Legion proposal: the Kenai Peninsula Memorial Park. It does not belong to the Borough. Student _ Councilmember Keene asked, who were the original t contributors of funds? Mrs. Bailie replied, the City appropriated $50,000 from Revenue Sharing for design, gazebo and sidewalk. The fountain was donated by Hansens for $20,OOOt. The landscaping will be done by individuals who purchase trees. $350 for a large tree with a granite plaque. Homer is interested in this concept. We have contracted with a local nurser Yr .there will be a _ .. , _. .. _ _... _ ......... _... _.___._._... one year guarantee. They estimate about 120 trees. Student Councilmember Carter asked, how long has -this name boon here? Mrs. Bailie i replied, Leif Hansen died two years ago July 4. It was brought to Council in August, named in Sept. Student Councilmember Carter asked, when I did the controversy come up? Mrs. Bailie replied, 'IIII I A.Z.Li L -- - !_ - --- - N I KENAI CITY COUNCIL MAY 4, 1988 PAGE 5 9-10 months after that. There is a member of the American Legion on the Board. He said the majority of the Legion has no problem with the name. The dedication is June 11. There will be a memorial for the victims of the two plane crashes last winter. Student Councilmember Thompson asked, did the American Legion contribute any funding to building of the park? Mrs. bailie replied yes, for the memorial. Student Counciimomber Thompson asked, did they help build the park? Mrs. Bailie replied, that was contracted out. Student Councilmember Keene said he felt the idea comes from a group of private individuals and they put in time and effort. They should have the first say as to what it is called. Keeping the name will not exclude the American Legion from being there. No action taken by Council. 9-3 Marc Zimmerman - Transfer Permit - Airport Terminal Kiosks Marc Zimmerman, Box 4539, Soldotna. He has a special permit to operate a kiosk in the airport. He came to Council one year ago to assign the permit but it was dropped. He sold the business one month ago. Atty. Rogers thought he should come to Council for approval. The termination data of the contract is Dec. 31, 1989, with one year renewal at discretion of Council. Airport Manager Ernst explained, there is no assignment clause in this special use permit. It is at the prerogative of Council. Total revenue from this, if it was filled, is a maximum of $500, $50 per month is 10%. He would not object to renewal at Dec. 31, 1989, but at that time he suggested Council decide if that is what they want to do with the space. Mayor Williams said, since the City contracted with Mr. Zimmerman till 1989, Mr. Zimmerman has the right to sell his business, we should consider re -assigning the contract to the new buyer. MOTIONS Student Councilmember Keene moved, seconded by Student Councilmember Carter, to assign the gentleman a new contract. Motion passed unanimously by roll call vote. Councilman Ackerly suggested the motion include the transfer of permit to Aliens to Dec. 31, 1989. Atty. Rogers explained, the request was transfer to the new buyer, that was the intent of the motion. Council approved the action of the student council by unanimous consent. C. PUBLIC HEARINGS C-1 did. 125548 - Amend KMC Title 11 - Penalties for Blocking Dock Facilities MOTIONS Student Councilmember Pareons moved, seconded by Student Councilmember Keene, to adopt the ordinance. There was no public comment. L } c r I N KENAI CITY COUNCIL (A� MAY 4, 1988 PAGE 6 Student Councilmembor Parsons asked, who would enforce this? Public Works Director Kornelis replied, the Code says the City can sat the rules. We have had a problem with boats coming up on the ramp and being stranded. We do not have a penalty. This was drawn up by Legal Asst. Sutcliffe. He asked if the ordinance could be amended to include floats. Student Councilmember Keene asked, what is the amount of the penalty? Atty. Rogers replied, $1,000 maximum. Mayor Stoops asked, who would set the penalty? Atty. Rogers replied, the court, on recommendation of the attorney. MOTION, Amendments i Student Councilmomber Keene moved, seconded by Student Councilmember Parsons, to amend the ordinance to include floats after anywhere it says ramp. Mayor Williams said he had a concern over the civil penalties, $1,000 per hour. Each hour is a separate offense. He suggested putting a sign at the ramp advising people of the amount of the fine. He is concerned with the magnitude of the fine. Mr. Kornelis said there is a sign there now, but would have to change it. VOTE, Amendments Motion passed unanimously by roll call vote. VOTE, Main Motion as Amended (Passed)s rr l Yost Carter, Harris, Huff, Parsons, Wardell Nos Keene, Stoops Council approved the vote of the student representatives by unanimous consent. C-2 Ord. 1256-88 - Increas. Rev/Appns - Federal Revenue Sharing - Purchase Caterpillar Grader - •93,000 MOTIONS Student Councilmember Carter moved, seconded by Student Councilmember Keene, to adopt the ordinance. There was no public comment. { Mayor Williams explained, under item C-5 there will be a resolution to award the grader. They will get through intorgovernment agency bid. VOTE (Passed)s I Yost Carter, Harris, Huff, Keene, Parsons, Stoops 1 No: Wardell Council approved the vote of the student representatives by unanimous consent. Councilman McComsey asked, what is the difference in item_C-51_Public Works Director_Kornelis explained,_ . the ordinance was introduced April 20, that was an estimate. The number has been changed to $86,071. The difference will lapse in two months._ C-3 Res. 88-32 - Supporting Timber Industry Development in Boreal Forest i KENAI CITY COUNCIL MAY 4, 1988 PAGE 7 MOTIONt • Student Councilmembor Parsons moved, seconded by 1 Student Councilmember Carter, to adopt the resolution. There was no public comment. I Mayor Williams explained, a resolution was passed at 3 the Alaska Conference of Mayors meeting at the request N of the mayor of Wasilla. Councilwoman Monfor said it .._ " is a hot topic in the (Nat -Sul valley. It is clear cutting in streams and rivers. She did not think the City had any business in what Wasilla does. Mayor Williams explained, he brought it as a courtesy to - - - other mayors. The boreal forest was amended for all - - - for Ste in Alaska including southeast. Student j Councilmember Wardell noted it said it would improve animal habitat - how? It seems it would destroy it. Mayor Williams explained, one of the ways that improve the Kenai Wildlife moose habitat is to clear the forest. it attracts moose and caribou, there is more hunting and more tourism. Councilwoman O'Reilly said it is not our concern. Student Councilmember Koons -_ said to wipe out trees for the benefit of one animal is not an advantage. i VOTE (Pailed)t Yost Stoops Not Carter, Harris, Huff, Keene, Parsons, Wardell Council approved the vote of the student _ representatives by unanimous consent. C-4 Res. 88-33 - Transf. of Funds - senior Employment Fund Unemployment Costs, 88-89 - ;1,378 MOTIONt Student Councilmember Carter moved, seconded by Student Councilmember Harris, to adopt the resolution. There was no public comment. Motion passed unanimously by roll call vote. Council approved the vote of the student representatives by unanimous consent. C-5 Res. 88-35 - Awarding Purchase of 1206 Grader to NC Machinery - MOTIONt Student Councilmember Carter moved, seconded by Student Councilmember Huff, to adopt the resolution. There was no public comment. i Motion passed by unanimous consent. f ._A- Council. approved the vote of the student - representatives by unanimous consent. _-___ C-7 Renewal of Liquor License - Runway Lounge 1 The Rig c p. r- • " KENAI CITY COUNCIL • MAY 4, 1988 - PAGE 8 i 4" I Clerk Ruoteala reported the Runway Lounge is current as ( of this date. The Borough has requested the City recommend renewal contingent on the payment of delinquent sales tax. The Borough wants a confession .� of judgement that upon sale of the license the sales tax will be paid. The Borough will know by May 10. NOTION, ' Student Counailmember Keene moved, seconded by Student Counailmomber Harris, to take no action. (on The Rig) MOTION, Additions Student Councilmember Keene moved, seconded by Student Councilmember Wardell, to send a letter of non -objection to the Alcoholic Beverage Control Board regard ng the Runway. Motion passed unanimously by roll call vote. Council approved the vote of the student ----- - representatives by unanimous consent. 5 C-8 Res. 88-38 - Authorizing Participation in State Day Care Assistance Program P MOTIONS Student Counailmember Harris moved, seconded by Student Councilmember Keene, to adopt the resolution. There was no public comment. City Manager Brighton explained, this must be passed and sent with the application for the City to participate. He spoke to Borough Mayor Gilman. The State has passed new procurement regulations that if anyone other than a municipality administers the program, they have to submit a proposal to the State. The Womene Resource 6 Crisis Center administers in the ' City and outside. The State wants the Borough to administer. There is some legal question as to the Borough doing this. If the City decides not to, there will be a two or three month interruption of the program. The Womens Resource G Crisis Center gets $5,000, it is not much money. There are 56 children in the city. With this resolution, our program will be okay. The problem is with children outside the City. Councilwoman O'Reilly asked if we are being asked to sponsor on an interim period. Mr. Brighton replied, he hoped it would be for one year. Councilwoman O'Reilly - asked, is there a financial impact on the City. Mr. Brighton replied no, it is a pass -through. councilman MaComsey asked if there was room for Kenai children if 4t. we bring in outside children. Mr. Brighton replied, we are not bringing in outside. It will continue as they are now. We do not have enough slate in the City to accommodate all who want. By not sponsoring we will not get more children. MOTION, Amendments 4 Student Councilmember Carter moved, seconded by Student - - - Councilmember Harris, to amend the motion that the City is willing to sponsor the Day Care program outside the boundaries of the City. + VOTE, Amendments r) KENAI CITY COUNCIL MAY 4,, 1988PAGE 9 ` Motion passed by unanimous consent. i VOTE, Main Notion as Amended: Motion passed unanimously by roll call vote. Council approved the vote of the student representatives by unanimous consent. f D. COMMISSION/COMMITTEE REPORTS 1 D-1 Council On Aging Councilwoman Swarner reported there was a meeting May 3. Letters were distributed this date regarding the closing of the wood shop. They will be asking for an inorease in the size of the parking lot. She invited Council for lunch any time. There will be Mexican l dinner May 15. The Mountain View students are mentioned in the Older Alaskan's newspaper. D-2 Airport Commission i None r D-3 Economic Development Commission Mayor Williams reported they discussed the annexation of Wildwood. D-4 Harbor Commission I Harbor Commission Chairman Quesnel reported they had a f meeting May 2. They discussed a) The commercial fishing industry study with Mr. Coughenhower. b) The grant application for $100,000 dock enlargement. They hope for $65,000 from the Borough in the proposal. 0) The regulations and fee schedule. Public Works agreed with Kenai Packing for an extension of the lease. Pees would be charged for use of the station outside of the normal lease on the marine dock. e) There is no news on the Navy home port. f) Regarding the floating dock in Beaver Creek. The State and Borough, through the Kenai River Special Management Area, have precedence over Kenai. They are keeping an eye on it. g) The lease application by Northland Services is on the j Council agenda. + Student Mayor Stoops asked, regarding the viewing area and filling in of the wetlands, has there been any input on filling in here? Mayor Williams replied, we have been working on this for ten years now. Whenever you fill in wetlands, there is a system of about 16 agencies to work with. We are in that process now. l Student Councilmembor Keene asked, if they refuse, would that mean the project would be half done? Mayor* j Williams replied no, each stage is standing alone. The viewing area is a different situation. The $90,000 we received is a Federal grant for tourist attraction that will cost $900,000 to it Million. It is owned by the City and State and developed jointly. D-5 Kenai Bicentennial Commission Councilwoman Monfor reported they had a meeting May 3. I They suggested a $ISO prize -for -the logo design. The--- - - -- -. City seal has to be incorporated. Mayor Williams asked if the Council and Administration and families can enter. Councilwoman Monfor replied yes. y j" KENAI CITY COUNCIL I MAY 4, 1988 1 PAGE 10 P-l"Mr, "s MOTION: Student Councilmember Keene moved, seconded by Student Councilmember Harris, to appropriate $250 for the prize. Motion passed unanimously by roll call vote. Councilwoman Monfor asked Clerk Ruotsala to post the promotion and advertise it. July 4 is the kick-off for the celebration. _ Council agreed to the request. -r D-6 Library Commission • -- Councilwoman Monfor reported they had a meeting May 3. They will have a representative from the Commission to review the law library with Council. She thanked Council for paying for the volunteer lunch. They have started their summer reading program. D-7 Recreation Commission Recreation Director McGillivray reported the minutes are in the packet. They have completed the sweeping of the sidewalks, Spur is Alaska DOT responsibility. They I have started aerating, liming, etc. on the grounds. D-8 Planning 8 Zoning Student Mayor Stoops noted Dottie Krzyznoski has resigned. Mayor Williams said he wrote a letter to her and her husband, Les Vierra (Airport Comm). They have ' left the area. i Councilman Measles requested a work session regarding I i the rezoning of Section 36. Mayor Williams noted PiZ I voted a two week extension to May 18. He suggested Administration write a letter of objection to stop the rezoning, and take up action later. I r MOTION: Student Councilmember Parsons moved, seconded by Student Councilmember Carter, to send a letter of objection to the Borough regarding rezoning of section 36. H ' Motion passed by unanimous consent. i3 Council approved action by student representatives by unanimous consent. D-9 Misc Comm/Comm 4 None E. MINUTES } E-1 Regular Meeting, 4-6-88 --_--------.__.-' F-2 Special Meeting, .4-13-00. t E-3 Regular Meeting, 4-20-88 E-4 Special Meeting, 4-25-88 Approved by Consent Agenda. - - - - - - -- ' i F. CORRESPONDENCE 1' ' -.. r- KENAI CITY COUNCIL MAY 4, 1968 PAGE 11 F-1 Marilyn Wheeles - Enstar Charges F-2 Rep. Swackhammer - Trail Lakes Hatchery A Fish By -Products Industry F-3 Son. Fischer - Nun. Assistance i Revenue Sharing F-4 FAG Commissioner Collinsworth - Trail Lakes Hatchery z Fish By -Products Industry F-5 Rise. Correspondence Regarding Closure of Senior Center Shop F-6 Local Boundary Commission - Formation of Borough in Nikiski Approved by Consent Agenda. 0. OLD BUSINESS 0-1 Near/Lofstedt Property - LID's Atty. Rogers noted he distributed a memo to Council at the April 20 meeting. There was concern regarding the time line and request to hold this in abeyance. To do so would mean starting over. There is a built-in delay. 30 days after publication of the foreclosure list, there is a judgment and decree from the court. Then one year and 10 days wait, then 30 days. Then the property can be redeemed within two years. Then the property can be redeemed for two months. Then one can compute as forever. After 3-1/2 to 4 years the right of redemption would no longer exist. Council may decide to keep the property instead of selling. If you treat these different because of the unique circumstances, you will have others that are just as unique. Jerry Naar, Ridgeway. The procedure does allow three years to do this up. He and Bud Lofstedt have talked about this, they hope to clear up sooner. It will be difficult to do anything with a cloud on it. They did not initiate this, but they have to deal with it. They would like to ask Council to give them this season to sell some of this. Atty. Rogers said in situations they proceed with judgment from the court so the owners give to the City subject to redemption. If there was a sale, the whole indebtedness would have to be paid off. The parcels were listed individually in the paper. Mayor Williams said if you sell the property, it will show foreclosure. All that is needed is to pay off in three years of sales and pay off as sold. All it takes Is one more paragraph advising of foreclosure. Mr. Near asked, how can they bargain when they are over a barrel? A cloud on the title makes it different. Mayor Williams explained, you have three years. We cannot stop the foreclosure now. It we would, we have to do away with every foreclosure we have. We are faced with a much larger issue in June. We are looking at protecting the equity in the City. Mr. Near said they would not ask for any consideration that would not be extended to anyone also. Atty. Rogers said that means those individuals paying assessments would not want to pay theirs. The City has a bonded indebtedness. It would come out of general fund. Payments - on bonds -have- to be- paid.- In -effect- it- would- - be a subsidy. Student Councilmember Keene asked, is it necessary that it be resolved at this meeting? Atty. Rogers replied, from the city's standpoint, no -action is what we are looking for. Bud Lofstedt, Box 1616, Kenai. This situation is different than most. They sold the property and those who bought it were delinquent. Then it was dropped L �l i 1 1 KENAI CITY COUNCIL MAY 4, 1988 f PAGE 12 into their lap. He asked that they not be penalised ' -+" the interest on somebody else's debt. They intend to 4 j ii pap for this, they just ask for 90 days to come up with June July. It this. They would like to use May, and puts the burden on the City, but this is different than most cases. 1 MOTION, Tables j �. Student Councilmembor Keene moved, seconded by Student '--` souncilmember Carter, that owing to the relative seriousness, to table to the May 18 meeting. " Mayor Williams noted it should be settled tonight. 1 Atty. Rogers said this is political policy, not a legal question. If others ask it will be legal. Councilwoman O'Reilly asked Mr. Lofstedt, did You change your request from the last time to include relief on interest? Mr. Lofstedt replied, it was both. i STUDENT GOVERNMENT PORTION OF THE MEETING COMPLETE: 900 PM. Student Mayor Stoops thanked Council and Administration ; . for the time and effort given to the students. COUNCILWOMAN O'REILLY LEFTS 9s55 PM. j Mayor Williams stated for the record that the votes of - the student representatives reflected the interests of the Council. if any Council members wish to change the vote of the student representatives, he asked them to state at this time. There was no response. Mayor Williams stated the votes stand. 0-1 (contd) Near/Lofstedt - LID's Mayor Williams asked for further continent from Council. There was no action taken. R. NEW BUSINESS H-1 Bills to be Paid, Bills to be Ratified MOTION: j Councilman Ackerly moved, seconded by Councilman •, Measles, to approve the bills as submitted. R Motion passed by unanimous consent. H-2 Requisitions Exceeding $1,000 " Mayor Williams asked that the requisition to Frykholm & Schaafsma for $3,000 be handled separately as there is a conflict with Councilman Ackerly. x MOTION: Councilman Measles moved, seconded by Councilman I ----- -- --- -- MaComsoy,- to handle the- Frykholm and schaafsma requisition separately. _-,-------._'_._-=.- Motion passed by unanimous consent. 4 . MOTION: Councilman Measles moved, seconded by Councilman Ackerly, to approve the requisitions as amended. r H y. s • 111 . I KENAI CITY COUNCIL MAY 4, 1988 PAGE 13 ' Motion passed by unanimous consent. . FRYKHOLM/SCHAAFSMA, $3,000t j MOTION: j i Councilman Measles moved, seconded by Councilwoman Monfcr to approve the requisition for Frykhofm/Schaafsma for $3,000. Motion passed by unanimous consent, with Councilman.. Ackerly abstaining. H-3 ord. 1257-88 - Amend. KMC Title 1, increasing Time Acting City Atty. Must Serve Prior to Being Entitled to Minimum Salary Rate for City Atty. H-4 ord. 1258-88 - Amend. KMC Title 23 - Addition of Class Title & Pay Range, Deputy City Atty. i H-5 Ord. 1259-86 - Increas. Rev/Appns - Library Books - $1,700 Approved by Consent Agenda. - - H-6 Dino. - HEA/City - Street Lighting Agreement Public Works Director Kornelis reviewed his letter of Jan. 14, 1988 to HEA to turn over the lights to HEA. They would maintain and bill the customers. They did not reply. Council had directed him to speak to the Board of Directors. On April 27, 1988 HEA sent the letter enclosed in the packet. He has not written to HEA. He would like to have the same arrangement we 1 have in Woodland and Redoubt. Councilman Ackerly said he could not see any advantage. Mr. Kornelis explained, the lights we have on Willow, Lawton, eta., some have meters for each pole. We pay emergency costs and meter costs. We would lose the meter charge. Also, when we have a problem with metered lights, we have to call someone to fix it. HEA would be cheaper. He thought there would be a savings because of the meter charge. This is just the ground work. Mayor Williams suggested continuing the dialogue and deal with the easy ones firsts design a flat rate, remove existing street light meters. Also, find out what their T&M costs are. Mr. Kornelis said he thought it ! the meters are removed, the systems will be theirs. REA handles the meters now. Mayor Williams asked, is it practical to change the flat rate for lights? Councilman MoComsey replied yes. Councilman Measles { said they own the yard lights. Mr. Kornelis added, they charge a fiat rate in Woodland. Council agreed to the Mayor's suggestion. H-7 Disc. - Harbor Rate Schedule I i Public Works Director Kornelis explained, the rates are set by the City Manager and approved by Council. We are lower than others and can make money on this. Councilman Measles asked, does this include taxes? Mr. Kornelie replied yes, highway tax. We pay on our - - - - - equipment but not on the river. Councilman Measles noted there is a f.15 excise tax on fuel, we should chock this. --City Manager -Brighton explained, we -bought - - - —_ — --- - before the new law took effect. We will have to pay 9.1 motor fuel tax. We will check on excise tax. Councilman Measles explained, effective 3-1-88, you have to have certification from the Federal Govt. to not pay, but if you re -sell you have to pay. Mayor u .r S KENAI CITY COUNCIL j MAY 4, 1988 GAOL 14 Williams said these prices are susceptible to change. } We have 7,500 gallons in stock. Mr. Kornelis said that is why the City Manager can set the price. e Mayor Williams asked if we had a disposal plan for the waste oil dump. Mr. Kornelie replied, we have a tank down there. If it is clean waste oil, we would have no problem disposing of it. We have to test first. It is about $.78 per gallon to get rid of, most of the time I } we can give it away. H-8 Approval - Tidelands Lease Application - Northland I �. services { Admin. Asst. 0erstlauer explained, the concept was brought to Council in Jan. We advertised for applications to lease tidelands. This was the only one. PiZ and Harbor Comm. approved. Mayor Williams asked if the permitting process with the Corps. of Engineers was done. Mrs. Oerstlauer replied yes, they have received verbal approval. They have received a positive reply from the state. Mayor Williams said they have proposed a road and excavation site. Mrs. 0erstlauer replied they have an arrangement with Kenai Packers. The barges will come in every two weeks, 16100' or 751x260' barges. Mayor Williams noted the last time a barge service unloaded in the City, there was a considerable amount of labor problems. Is this the same company? Police Chief Ross replied no. Public Works Director Kornelis said they have unloaded here before. Mrs. 0erstlauer said they unloaded for several years at Dragnet Fisheries. This would be simpler for them. MOTIONS i Councilwoman Monfor moved, seconded by Councilwoman swarner, to accept the tidelands lease application on condition all permit requirements are met and " contingent on filing of final plat. Motion passed by unanimous consent. f H-8a Res. 88-37 - Transf. of Funds - survey of Kenai River Tidelands - $2,700 MOTIONS j Councilman Ackerly moved, seconded by Councilwoman !� Monfor, to adopt the resolution. There was no public comment. Councilman Ackerly asked if we requested they pay for the surveying. Admin. Asst. 0erstlauer replied the I Code allows the City to pay. Councilman Ackerly said we had said this was risky. This was contingent on them paying the fees. Admin. Asst. Oerstls.uer replied she didn't know if we have ever required tho lessees to pay survey fees. There is a provision in the Code under Airport -Lands -that if the lessee backs out or . does not complete the lease, he is responsible for costs incurred. City Manager Brighton said but he only -put $500 down, we could not get -this -back. - Mrs.----:-- Oeretlauer replied, we can collect any cost beyond that $500. MOTION, Amendments 1. I KENAI CITY COUNCIL MAY 4, 1988 PAGE 15 Councilwoman Swarner moved, seconded by Councilman Ackerly., to amend the motion to have the City receive payment of surveying, 1/2 now and 1/2 at the beginning of the second year. City Manager Brighton added, we would negotiate up -front for the fees. VOTE, Amendments Notion passed by unanimous consent. # 7- .. zw :4v,w VOTE, Main Notion as Amended: Notion passed by unanimous consent. H-Bb McLane G Assoc., survey of Tidelands, $2,700 MOTIONS Councilman McComsey moved seconded by Councilwoman Swarner, to approve the bill. Notion passed by unanimous consent. ADDED ITENt ti Councilwoman Swarner asked if we are rotating on surveyors. Admin. Asst. Gerstlauer replied, we have not done many surveys In recent years. If it is substantial we go out to bid. we do not have any surveyors in Kenai. City Manager Brighton explained, Malone Surveying is Inactive. 0-9 Disc. - Salary issues Mayor Williams said the intent of Council was to discuss salaries for regular employees and then City Manager, Attorney and City Clerk. H-9a Regular Employees MOTIONS Councilman Ackerly moved, seconded by Councilwoman Monfor, that the City employees be given a 4% raise for the next budget year. Councilman Measles said he had serious concerns. The tax payers we represent and the employers they work for have taken severe pay cuts and loss of businesses. He finds it hard to tell those people we are giving raises with that money. Councilman Mccomsey agreed, the oil companies have taken away vacation and insurance. in his company It is the same. Councilwoman Monfor said she understood, but this is one time where she supports an Increase. They have gone four years without an Increase. We have $7 Million in general fund. As long as we are not cutting service or raising taxes, we should give to employees. Councilwoman Swarner asked If this would include the other threee-employeese -- Councilman Ackerly replied no. Finance Director Brown I said the 48 Increase would be a total of $147,000. With the increase, the general fund budget would be $5,900,000 (including increases for City Manager, Attorney and City Clark). it is less than the current budget. It is not a significant impact on the general fund. Councilman Ackerly said it has been awhile since they had a raise. He took a pay out this year. He KENAI CITY COUNCIL MAY 4, 1986 PAGE 16 likes the numbers we have, it is lose than we have now, It is deserved. City Manager Brighton said in 1960 when he came there were 80 full time employees. We have added two employees and assumed responsibility for i a new city hall, recreation facility, senior citizen facility, doubled the police facility and library, assumed responsibility for now roads, water 6 sewer lines, added new water users. It would be four years without a raise from a cost of living standpoint. If the 2.7 mill holds, it means for seven years it has been 2.7 or less in Kenai. Finance Director Brown hae said with the increase our budget next year will be lees than this year. The employees are partly responsible for this economic picture and are deserving of the credit. Councilman Measles said he did not have a problem with raises. But you can make the same argument with any company in the state that has laid off people, not reduced work load and reduced pay. A pay raise is good for employee relations but not for public relations. Mayor Williams said the same number of employees plus two is serving double the number of people in Kenai. It has doubled the work load of the City while maintaining the same number of employees. We have been frugal over the years and will continue frugality by retaining the same well qualified people. We have in the United States a 14.6% increase in Inflation and we have not designated any cost adjustment to employees to off -set this. There may be concerns by residents of the City. The budget will be less, the mill rate will be the same. VOTE (passed)t �— Yost Ackerly, Monfor, Swarner, Williams Not McComsey, Measles H-9b City Manager and Attorney Finance Director Brown gave a suggested motion to Council from the executive session. Mayor Williams explained the executive session was held April 25. Finance Director Brown was present and five members of the Council. Councilman Measles asked if this included a payroll benefit. Finance Director Brown replied yes, the reason why the numbers don't match is because he estimated the increase. MOTIONt Councilwoman Mentor moved, seconded by Councilman Ackerly, to set the+ City Manager and City Attorney salaries beginning July 1 as followst a. Base salary rtimains $82,000 and $80,000 respectively b. Each has earned three months additional compensation based on tenure in this position. This additional earned income amounts to $20.500 and $20,000 respectively and will be paid in equal pro rat& monthly installments to the City Manager during the six month period beginning July 1988 and to the City Attorney during the six month period beginning Jan: 9 c. Each shall receive additional compensation which _ may be used to fund their deferred compensation accounts of an amount equal-to-0 of their base annual salary. This additional earned income, which amounts annually to $3,280 and $3,200 L y KENAI CITY COUNCIL MAY 4, 1988 PAGE 17 respectively, shall be paid in equal pro rat& monthly installments beginning July 1988. Councilwoman Monfor explained, this was five hours of work sessions. Neither the City Manager nor the City Attorney has a contract. They were entitled to three months severance. Their salaries have not increased. 41 in annuity was fair due to the rest of the employees. Both were agreements for one year. Councilman Ackerly said most people do not realize that In their contract they had earned that $20 000. It was already earned upon departure. Mayor Williams said it was recognized by Council that severance pay would have been paid. As of July i they will be working on a day-to-day basis without severance pay. Council finds no objection to the City Manager and the City Attorney. It has been a fruitful relationship over the years. There is no reason to consider changes. Council felt it was time to make a change from the past. Councilman Ackerly said he had no complaint with them. VOTE (Passed)& Yee& Ackerly, McComsey, Monfor, Swarner, Williams Not Measles R-9c City Clerk Councilwoman Monfor said her pay will remain the same. This . is equal to other clerks in the State. She had a 17% increase in 1986. MOTION& Councilwoman Swarner moved, seconded by Councilwoman Monfor, that we continue the Clerk at the same pay as this year in the next budget. Clerk Ruotsala noted the cost of living increase has affected her as much as it has the other employees in the City. City Manager Brighton said he intended his remarks on a 4% increase to include the Clerk and intended it for all employees. In the budget an additional 4% for the Clerk will have no eignLfioant bearing on the budget or the mill rate. The Clerk got a substantial increase when no one else got an increase. That substantial increase was based on a comparative basis of comparable people in the State. It would be his guess that in order to maintain that comparable amount, she should receive 4%. Councilman Ackerly asked, what is her salary now? Finance Director Brown replied, $45,000. MOTION, Amendment: Councilman Ackerly moved to amend the motion for a 41 increase to the Clerk. Notion died for lack of a second. Councilman Measles said everybody keeps inferring that we can --do this and it -will -not- increase -the mill rate. if we don't put it into the budget it will lower the mill rate. That is $200,000 now, about one mill. Finance Director Brown added, one millis$300 000. -_ Councilwoman Monfor asked, do we have to do this tonight? There are things we should talk about. She cannot support at 946,000. She is referring to the position, not the person. City Manager Brighton said i KENAI CITY COUNCIL ' MAY 4, 1988 1 '-- PAGE 18 � we have to do this tonight or else have a special meeting. Councilwoman Monfor asked Clerk Ruotsala if ; Y she would accept 4% annuity. Clerk Ruotsala replied j yes. _ VOTE (Failed): " Yes: Ackerly, Williams No: MaComsoy, Measles, Monfor, Swarner MOTIONt .: r=F�, Councilwoman Monfor moved, seconded by Councilman - — - Ackerly, to set the annual salaryfor the Clerk beginning July 1 at =45,000 and additional compensation " for deferred compensation in an amount equal to 4%. pa . This additional on earned increase of $1,800 shall be paid i in pro rat& equal installments beginning July 1. VOTE (Passed): r Yes: Ackerly, MaComsey, Monfor, Williams No: Measles, Swarnor I. ADMINISTRATION REPORTS I-1 Mayo: ' Mayor Williams spoke. f a. There will be no work session on rezoning and f" vacation of Section 36. Administration will send \ j a letter. (CLERK'S NOTE: This was re -scheduled for May 11) b. He requested a work session before the May 18 -- meeting regarding capital improvement projects. (CLERK'S NOTES This has been re -scheduled to June a. He and Atty. Rogers will be in Juneau to close the ` legislative session. 1 d. The $90,000 for the wildlife viewing station has been appropriated. e. He will be going to Fairbanks May 12 to 15, not at City expense. He will be going to McGhee -Tyson Air Force Base in Tennessee May 17 to 20, also not 1 at City expense, for the Air National Guard. f. May 20 is the Volunteer Appreciation Reception, at .. c 7:00 PM at the Merit Inn. g. He will be absent from the May 18 Council meeting, Vice Mayor Measles will chair the meeting. I 5. h. He will be submitting recommendations for PSZ, and 3 two Airport Comm. appointments at the June l meeting. _ {! 1-2 City Manager f City Manager Brighton spoke. a. The legislature has divided the Rallbelt fund over the State. The City was to get $480,000. They reconsidered and defeated it. -. Anchorage .has _ nothing. There is $600,000 for a fire training II i school still in the budget. There is $300,000 DNR '• funds .for the wildlife _viewing area Mill in the budget. He thought there would be some additional municipal assistance and revenue sharing. ( I Fairbanks and Anchorage are in bad shape. If they -- do something for them, they will have to do on a i per capital basis in the State. I SSt Ili 1� , Ff A KENAI CITY COUNCIL MAY 4, 1988 PAGE 19 1-3 Attorney Atty. Rogers spoke. a. He was very impressed with the students. b. into #6 relates to the cold storage lease. Copies have been sent to Economic Development comm. and Gary Ervin (Seatoode From Alaska). Contact him it they have any comments. 0. He will go to Juneau May S. X-4 City Clerk Clerk Ructsala said the students were great. I-S Finance Director None 3: Z-6 Public Works Director Public Works Director Kornelis spoke. Ij a. Coral and Cohoe street improvements went out to bid. fl b. The drawings for Swires work are almost ready. We can go out for bid on that. Council agreed to wait till the Legislative session was over. 1-7 Airport Manager Airport Manager Ernst reported the north 1,600 ft. of the runway is closed. They will be putting the fill from the float plane basin there, starting 5 9-88. The Flight service Station moved to the new facility 4-25-86. There are a few items to take out. He will have to adjust the janitorial contract. They are still paying for downstairs, but want to use it for awhile. There is over 5,900 ft. of runway left. The work may be done in 60 days. it may affect the 4th of July celebrations. J. DISCUSSION J-t Citizens None J-2 Council a. Councilman Ackerly thanked the Mayor, Council, 711 dept. heads and city employees for their cooperation and consideration to the students. It was appreciated. b. Councilwoman Monfor asked for the population of the city in the last five years, did it go up or down, where are we compared to the Borough, have we stayed stable. City Manager Brighton said it was 4,200 in 1980, it is now 6,500. councilwoman Honfor asked, what do you sea? Mr. Brighton - replied he saw a slight increase. Mayor Williams said he saw stabilization or slight increase. Last SUMMOr there Was an increase in rentals and vacancies in sales but they were fish people. This year it is a different category. Renters now 0 G_s �1 KENAI CITY COUNCIL MAY 4 1986 PAGE 10 are not with the canneries. His vacancy rate is lower than last year. c. Councilwoman Monfor noted the Senate passed $40 Million for municipal assistance and revenue sharing. Mayor Williams explained, what killed the Railbelt fund was $8 Million for education fund. d. Councilwoman Swarner asked if Council was to vote on the wood shop. Mayor Williams replied we do not have enough information to decide. Councilwoman Swarner noted the Council on Aging and the senior citizens voted to close it. Mayor Williams said it may not be in front of Council in the immediate future. Atty. Rogers said the facility is not operating at this time. Till some action is taken, the status quo will be maintained. K. ADJOURNMENT Meeting adjourned at 11:35 PM. Janet Ruotsala City Clerk lc1�t��I�� .f League Wash P Av LLeagueLeagueWeHhinglanpton, D.0 DG Of 20004 CMOs (202) 028.3000 May 2, 1988 Fax: (202)028-3M MN,M1.M, MUMN, MO= FM VIM Prasrdsm Tirry Goddard Mayor. Phoanla. Arltau &tend We Pre AMN Gob serer Mayor. FL Werth, Tins lmom are Peel PmsWrx wary R „ � Counteyn010e ingman.atdarpe, The Honorable John J. Williams Luc; �� arrw;Colerado Mayor of Kenai N � U eirautwOksco► P. O. Box 580Gc° Alan Seals Kenai, Alaska 99611 Dear Mayor Williams: Attached is the invoice for your city's membership in the National League of Cities for the period August 1, 1988, through July 31, 1989. Also enclosed is a brief "report to the stockholders" in which I have summarized NLC1s activities on behalf of municipalities during the past year, and the priority issues and major activities that the staff will be engaged in during the ensuing months. Additionally, of major significance for the nation's cities are the 1988 presidential and congressional elections. The Election 088 Project is designed to focus the attention of the various candidates on urban concerns and to incorporate policies favorable to urban America in the platforms of the Democratic and Republican parties. This project is being conducted by the NLC affiliate, the National League of Cities Institute. The ability of municipalities to shape federal legislation and policies lies in their joining together in a united effort. The ability of NLC to secure passage of legislation and adoption of policies favorable to local jurisdictions depends upon the continued support of your community and that of the other 1,370 direct members of NLC. We look forward to your continued support and the opportunity to serve as your community's voice in the nation's capitol. Sincerely,-- Alan Beals Executive Director Enclosure cc: City Manager William J. Brighton PMtFreeldeala Torn GWIM Mayor Los Angeles. Caylernia • Henri G, Clinea% hleyor, Gan Ankirda Tons hill L Hordson, Manor, &eland Nook North Carolina • WIIUM M. Muanul, - �� 111, Indianapolis. Indiana • George L"nW, Msya, St. Paul. Mine" a Henry W. Issler, Mayor, Milwalift Wisconsin. JessN M. Relit Mayor. Newport NWA V1lglas • Jelin R Mayer, Sawnsh. Goo" • Chsrleelloye►. Mayor, Goaxte, Washington • George V. Vo1 mid -Mawr, Oweland. OhioONeelera Gary Arudereoa. Mayon Oatau6111ktols eldlMy 1 JStaftIeryMaW..New0dasns, Louisiana .MarierNA./ten,Mapr.Grand HawMMichigan 0JohnH.fmrm A.MryohNaMCharleston. 0"I' rogna•JonQeunel4Gxetulwe plreebr MaMend Munle" League • Mal CMldln, Counedmembe► Santa SarMm. Citdanis • Mary 0Ms, Counerlmember, Alleme. Georgia • $d IRIK Mayor Ouedsnd Park. Kansas i Hdwrd 0 isrwl4 15lieouUre OfteM. New Yak Confidence of N!" * Robed Furl. CounenmemMr, LM Angelo, Calltomie • do Iumr, Emma giram Utah League at Cities a ThwM. a. Arthur am. Mawr. Pat JorWs. New Yorke Glands 11. Mood. Maor Pro Tim, Orlando. FkWds • Karen Mumphm, CounGlmembr. Frpeq Catilomb • Raberl e. ahneon. KWutky • §* O"MWM. C Imes. Yuma, Aftins • 1110ry 0 Ind. MinMtOle • Plomnp ell Lanus • e.e, Tknmq Mawr M Saeaulpe girec101. AMUM Leagueol MuaaPNaee • Its unsilinorm, PI M, Tan i $Mao elb0ngs. COentllrlwR UMM M". Nana C"I"s • *Me tsleadMrby. HneulMe • Oane G, WA*MA. MAM Columbus, Ohl* •Jelin 1M, Aldermen. at. Leine, Missouri. JMMSM11M1N. { YVashlrrpMn • Joseph A. $Meat. HsooulM OWWW- oGsibn Ot Idaho Cores I`k L ,J .. s _.-.ram.- _ i�+••�•_A, 7. National 1301 Pennsylvania Avenue NW Officers a a UL1 Vague Washington, D.C. Pralaenr of 20004 Pamela Plumb _ Councilor, Portland, Marne Cities (202) 626.3000 F/M Vice President Fax: (202) 626.3043 Tarry Goddard . C Tj Mayor, Phoenix, Atitons .3� 123¢5 so ian a President i i 01 i1 88 gtic� sj�r Mayor. Ff. Worth, Tax t ` . May 2, 19 ivy 9 o IM~m Pad Prot WMI (�. 3 cuhy Reynolds i councitwomim-sam". OA Denier. Colorado '� �+�' &xaculMmens o j Dear Municipal Official:' C�'c� 9yy Alm8"1a What has the National League of Cities done c ties and towns lately? �l+ .-:., A lot. One recent example: taxing municipalities. Last year the Administration l requested Congress to impose federal gas, excise, and annual use taxes on municipal vehicles, to mandate federal medicare taxes on municipalities, _ and to impose federal taxes on deferred compensation of municipal employees.. �.. NLC is leading the fight to reject these proposals and to restore municipal rights. The full Mouse and Senate leaders already have rejected mandatory medicare. NLC has worked with the IRS to say no to federal diesel taxes. And although cities must now pay gasoline taxes and apply for a rebate, NLC is working to restore the gas tax exemption as will. NLC also is working with Congress to clarify the deferred compensation issue and prevent the t IRS from taxing sick and annual leave before an employee uses them. (� Another example: In February the President sent a budget request to the :' Congress to cut priority city and town programs by 24 percent, while Increasing foreign aid. NLC worked with the House of Representatives to 1 reject the Administration's priorities and to secure a bipartisan budget ` which freezes municipal programs and increases funding for housing. drug abuse prevention and treatment, and youth and housing assistance programs. This work will continue in the coming months. While these accomplishments are significant, it is clear local government leaders face a crucial set of challenges during the rest of 1988. - That's why it's more important than ever that cities. towns and villages of all sizes work together through the National League of Cities. Our united -4 efforts will insure that important national policies and decisions reflect I' the interests of the vast majority of America's citizens -- those who live ` and work in municipalities. Sincerely yours. ' -------=-..----� Alan Beals Executive Director „ partpyaldanN. Tan andNy, Mayor, Los Angeft CUdama • Henry G. Cleakrim Mayor. San Antonia Texas* Ford L. Harrison, Mayor, Scotland Neck, North Carolina • Wllham H. H Maw, ---- - -- -- -- - - -- Gas" "flow. Mayor. St. Paul, Minnows • New W. Ma" Maya. Milwaukee. Wisconsin • Jasaw M. Rdtley. Maya. Newport New vi iNa aJohn - - - -- - - — - - -- - _ -Ix� Mper.-u+dien•polU. tneuna • rot - - - - - - - - - a AUW. Mayor Beyannait. Georgia • Charles Royer; Mayor. Seams. Washington • George V. VOInoMch. Mayor. Clerelend. Ohio • Olietam Gary Anderson. Maya, Decatur, llhnas • well C isartlwleaty. Maya Newofnne, Louisiana • Marlene A. aeon. Mayor. Grand Maven. Michigan • John a. Bourne, Jr.. Mayor. North Charleston, South Comma • JQm C aenefl, Eilebubya ovactor. Maryland Mun ital League • NO Conklin, Counedmembw, Santa Barbara. Caldornu • Mary Davis, Counedmernber Allama, Georgia • Ed tilery, Mayor, Overland Park, Kansas • Edward Q Farell. BaaoWve Dlntla New Verk Conference at Mayon • RobeM Faretl, Councilmember. Loa Angeles. California • Jan Fume►. Executive Director. Utah Los" of Cities Towns • a, Arllu r Gny. Mayor, Pon Janis, New York • Glends E. Hood. Mayor Pro Tom, Orlando. Florida • Kann Humphrey, Counedmember Fresno. California • Robert t. Johnson. iii wire onetor. North DaLote league of Cum • Joseph A. Leda, Mayo, Norfolk. Virginia • Chartee Lyane. Chairman, Board of Selectmen, Adington, Massachusetts • owm"morehon, Alderman. Laun,dle, Kentucky • 600vew1reN, Couai:rtmelllbar, Everett. Wnhmgum • Gnce Pslenen. Mayor. Preys. South Dakota • Dana G. Rinehart, Mayor Columbus. Ohio • John N.Iledrlqus,, Councilman. Yams. Antotta • hnyRotpnmow. Executive Director, Alabama Leaque of Munic.pabliee a &siren C. Robbie Alderman, St Louis, Missouri • Janws Sahsw. 1 coomintimber, St. Paw, Mmaewte • Flonnce slap". Councilwoman. Piano. Toss, • octores siblings, councdrnember. Seattle, Washington • Joseph A. Sweet, Eseculra oiroaa Tannnese Municipal Lepue • a,a. Turner, Maya Pro Tem, Lumberton. Nona Carotene • Jsmse WeslMrby. Executive thrector. Association of Idaho Cilies 71 1, i ..•., f ram. - -71 --�. -1 i }1' 5-i Page 2 WHAT ARE NLC'S LEGISLATIVE PRIORITIES IN THE 100TH CONGRESS? The National League of Cities has set an action agenda to: o secure re-enactment of clean air legislation before federal sanctions are imposed upon cities begining on September 1, 1988; o seek adoption of legislation to require the federal government to pay for costly mandates imposed upon cities and towns; o seek legislation to reverse the new regulations mandating municipalities to pay the federal gas tax and apply for a rebate; o enact legislation requiring vendor collection of an estimated $2 billion in state and local sales taxes on interstate catalog and mail order sales of which local governments would receive an estimated $500 million. o insure that municipalities are given a lead role in the enactment of any welfare reform proposal, and to make sure that key municipal programs are not traded in to pay for increased state funding; o protect municipal rights from any further tax reform proposals which could undercut the ability of cities and towns to raise their own revenues; o gain passage of public infrastructure legislation to help municipalities provide and finance essential public facilities. WHAT HAS THE NATIONAL LEAGUE OF CITIES DONE RECENTLY ABOUT . . . TAX REFORM PROPOSALS? In addition to advocacy efforts on tax reform, NLC also has published four important studies to help municipal officials understand the impact of our national tax system on local government: Tax Breaks: An Introduction to Tax Expenditures; The Deductibility of State 6 Local Taxes; Your City's 1040; and Reports on tax issues also appear regularly in NLC's weekly newspaper. ISSUES BEFORE THE SUPRENE.COURT? NLC continues to advocate and defend municipal interests in critical cases pending in the Supreme Court. NLC also is cooperating with other concerned public interest groups in sponsoring the activities of the State and Local Legal Center. The Legal Center advocates the interests of state and local ?eK government before the Supreme Court and conducts programs to improve the quality of state and local government advocacy before the Court. 4 L I Page 3 WHAT HAS THE NATIONAL LEAGUE OF CITIES DONE RECENTLY ABOUT . SMALL COMMUNITIES? The League's Small Cities Council continues to help NLC's leadership insure that the needs of the nation's smaller municipalities -- its most numerous ones -- don't get overlooked. NLC worked hard to enact specific provisions in the new tax bill which benefit smaller cities, towns, and villages. We recently published The State of the Small City, a comprehensive survey of community conditions and problems in cities and towns under 50,000 population. NLC's annual convention always has a full slate of workshops designed specifically to meet the needs of officials from smaller communities. And NLC's newspaper, Nation's Cities Weekly, regularly features news from and about smaller communities. INFORMATION RESOURCES AND SERVICES? The Local Information Network for Universal Service (LINOS), sponsored by NLC and the International City Management Association, already has more than 700 participants. LINOS provides an instant electronic communications network linking cities and towns to each other, to their state municipal leagues, and to NLC. And NLC, through a cooperative venture with the Control Data Corporation, also uses the Local Government Information Network (LOGIN) to help cities solve problems and share information. LOGIN provides a computerized data base of innovative local government programs and solutions to common city problems. NLC also has a computerized data base containing information on elected and appointed officials in more than 2,800 communities. plus detailed information on selected city characteristics (fiscal year, form of government. election dates) as well. NLC uses this information to publish a regular series of up-to-date directories of elected and appointed municipal officials. NLC's Municipal Reference Service has a comprehensive collection of books, journals, and other information about municipalities, and responds to more than 2,000 substantive inquiries from member cities and towns each year. And for keeping abreast of developments in Washington that will affect local governments, Nation's Cities Weekly newspaper is the most authoritative and up-to-date source of information for local policy leaders. The Weekly also reports regularly on innovative programs which cities and towns across the country are undertaking to solve municipal problems. CONFERENCES AND SEMINARS? Each year, NLC holds two major conferences -• the nation's largest gatherings of municipal officials. The annual Congress of Cities, held shortly after Thanksgiving each year, is - packed -with snore than 40 workshops on subjects -ranging from solid waste management to housing strategies. NLC's Officers and Board of Directors are elected and the National Municipal Policy is adopted each year at this (over, please) 11 r) Page 4 meeting. In addition, an extensive exhibit program of products and services for cities is a highlight of every Congress of Cities. The 1988 Congress of Cities will be held in Boston, Massachusetts on December 3-7, 1988. The Congressional -City Conference, held in March in Washington, D.C. each year, provides detailed briefings on federal legislation affecting municipalities and gives local officials an opportunity to call on their Congressional representativep in person. Throughout the year NLC also conducts a wide range of smaller, regional meetings on topics of interest to municipal officials, such as local economic development, telecommunications, municipal finance, public safety, and international trade. For example, more than 600 local officials recently attended a series of NLC-sponsored regional seminars on the new Housing and Community Development Act. Seminar participants received a comprehensive guidebook on the new law as part of their conference materials. SPECIAL MEMBERSHIP CAUCUSES? AFFILIATE GROUPS? NLC's special membership caucuses -- Women in Municipal Government, the National Black Caucus of Local Elected officials, the Hispanic Elected Local Officials, and the Asian/Pacific American Municipal Officials -- work to make sure that local government represents all segments of our society. Special programs for these groups often are conducted at NLC's two major conferences. NLC's affiliate group, the National Association of Telecommunications Officers and Advisors (NATOA), holds national and regional conferences each year to exchange information and ideas about cable television and other telecommunications technologies and provides technical assistance to NLC's transportation and communications policy committee. THESE ACTIVITIES HIGHLIGHT JUST A FEW OF THE ADVOCACY, TRAINING, RESEARCH, AND MEMBER SERVICES WHICH NLC PROVIDES TO MORE THAN 1,350 CITIES, TOWNS, AND VILLAGES OF ALL SIZES. WITH YOUR ACTIVE PARTICIPATION, WE CAN MEET THE CHALLENGES FACING MUNICIPALITIES DURING 1988. dl Larry Porter 116 DeepWood Ct. Kenai, Ak 99611 Mayor John Williams City Council Members 210 Fidalgo St. Kenai, Ak 99611 Dear Mayor williams and Council Members, My sincere appreciation for the opportunity of participating in the recent Student Government Day. I found the experience very informative and interesting. My assignment to the Water and Sewer department was not something i was very interested in, however, it was good to overview the entire networking of City government departments. ,s not something i had thought very truly yours, rr Porter n f. j, i5 KENAI PLANNING & ZONING COMMISSION Special Meeting, May 17, 1988 - 7:00 P.M. Council Chambers Hal Smalley, Chairman Presiding Discuseion portions of the minutes are verbatim. 1. ROLL CALL Present: Smalley, Church, Nault,- O'Reilly Absent: Bryson (excused), Brown (unexcused) Also Present: Councilwoman O'Reilly and Councilman Measles 2. REVIEW OF VACATION REQUEST Vacation of Portions of Utility Easements, Right -of -Ways, and Screening Easements Within Tracts D-1 Through D-7, Dena'Ina Point Estates - Royce Roberts Chairman Smalley: Call to order this special meeting to review the vacation of utility easements, ROWS, and screening easements within Dena'Ina Points Estates. I suppose at this time Sam should probably present to us .. you're on. Sam McLane: If I might, I would just like ... if I might just ask you folks since I wasn't at, I've got the letter that says concerns came up and I've got of course my, the packet from last years' Planning Commission meeting and public hearing and also the Council meeting and public hearings and so if I might request to you to reiterate some of the concerns since I wasn't at the joint meeting that was held last week, and I haven't seen the minutes or anything I just have the letter that says concerns were raised so if I might request to hear those concerns then maybe I can answer questions or whatever. Chairman Smalley: I guess I'll go first. The concerns that I had when it came before us just a couple of weeks ago in looking at ' the paper work that we had, it shows, on ours, that the whole D-1 through D-7, and this has been since explained to me but that's what triggered the concern. It showed the D-1 through D-7 was to be rezoned commercial pending submission of a plat. Ah, which is the whole chunk, you know, and that's been partially, you know, that has been explained is to why that was because they had to deal with an existing piece and plat and go from there. But concern that was triggered is, was this a wise decision as far as the -rezoning of a very very valuable residential property. -Ah, a - - non-renewable resource. And, you know, that was my concern. In, I guess the issue that -we're dealing with is, was -at that time was - --- - - --- the consideration of the vacation of the ROW's. Ah, yea, the screening easements is what, is what, taking it all the way back. We weren't quite sure on the map that we had also what that I r- i. KENAI PLANNING & ZONING COMMISSION Special Meeting - May 17, 1988 Page 2 screening was, whether it was just along the road, how deep did it go, we were looking at the, the cross lines and so forth. And ah, at that point in time, it was brought up that maybe we should have somebody, Mr. Roberts or someone here. Present the package to us. That was my concern. Sam McLane: Ok, I'll speak to that briefly now, the ah, just to clear up because this is, kind of a problem in that, I have the ah, the copy of the recorded plat here and this shows the tracts one through seven. Now... Planning Specialist Loper: right behind you there. Sam McLane: Now the reaeon, since this is the recorded plat, this is the legal description the deeds and so forth were made up, ah, this ROW here was deeded but this one was changed slightly so then tract D-4 when it becomes this shape is no longer going to be D-4 its going to be like D-4 dash one. So, technically to have the legal descriptions correct, I know it gets tiresome and so forth when you replat these you have to keep adding numbers but it is a different parcel, so the request was .. for all the tracts ah, because of the fact that the legal descriptions were going to change slightly. This tract 2 on the original plat with the ROW moved over, that one technically no longer exists. on the new plat, which looks like this, I'll point to this one just outline, I take that back, refer to this one, the one that was submitted to you .... in platting form rather than the concept maps has the tract numbers on it, tracts one, two, three, four five .. six and seven. And they're numbered as you would a subdivision ordinance, Borough subdivision ordinance for continuing numbers so you can see that the new numbers don't correspond to the original ones that why technically this request had all of them. So .. and I've got this one overlayed on now, also .this brown tone one is the exact same brown tone one I had here last year for both public hearings so you'll notice that the zoning amendment was approved subject to filing a final plat and you'll notice that this plat, ah this original mylar you see...ah lays right over the concept map. The only real minor difference is Chulin Drive was moved back about 20' from the, the concept map to allow more room on top of the bluff, a hundred foot setback was in that it was a little restrictive right here so we bumped that back slightly but the screening easement shown and so forth are all in place, the .. as the .. I'll refer now to the memorandum I sent to Janet that was included in your packet dated .... dated April eighth. And that was included in the P and Z packet on ... well it was Janet's correspondence to the Planning and Zoning Commission dated April seventeenth, this was about the forth page in it it has a copy of the memorandum explaining the procedure we were anticipating. Number one being the zoning amendment request and action and then the vacation request -which required -to go through the Borough, advertise for thirty days, have public hearing and so forth and then replatting i.e. filing the final plat. And ... you'll note if you have that memo, the in the middle of the second paragraph r-- r i'. KENAI PLANNING & ZONING COMMISSION Special Meeting - May 17, 1988 Page 3 L I'll quote a sentence it says this replatting will include vacation of existing utility easements and the screening easements along the Spur Highway. So we, we brought that out with the original request and that is a thirty foot easement on the original plat that's gone now that was replaced by thirty foot easements in .. along a .. take this mylar down now. The easement that was originally along the highway was replaced by thirty foot screening easements along the northerly boundary, the inlet side of the commercial and the split between the residential and commercial along the bluff and the .. portion of the property adjoining the private parcel owned by the First Baptist Church. So in effect we took the easement that was originally along the highway, moved it around I think you can see that the game amount actually we have a little bit more easement shown on the new plat than originally was shown on the highway but since, this part was rezoned commercially we put it as the buffer between the residential sections. And, so now, ah, we've done that work to stage the, the the zoning request was contingent upon filing the final plat and essentially we're at that point and I'll certainly answer any concerns about that. Ah, about, I just want to make it known that I think there's some new members on the Planning Commission that the screening easement, discussion was included in the request and, and so forth. So I'm open to any questions at this point. Chairman Smalley: Commission do you have any questions. Gloria Church: The new plat has been recorded? Planning Specialist Loper: no. Gloria Church: It has not been recorded. Planning Specialist Loper: yes, that's phase three and it has not come yet. At this point its all concept. Chairman Smalley: What would be the amount of bluff frontage ah, on the new plan commercial and residential. Sam McLane: Ok, its pretty close to fifty-fifty I don't have the scale with me but this is a one inch equals a hundred plat I think, we're looking at, let me get my calculator real quick. Ah the residential is .... Planning Specialist Loper: Sam, from the questions that Hal is - asking what I'm assuming is that he's asking if you have a setback over and above what was already there? I believe Corps of Engineers (inaudible - loud noises) has indicated a hundred foot setback to begin with from from the .. Sam McLane: Right, that setback there's, there's no change to that ocean _ or bluff _front_ setback .and I'd like to .... _ that_' s ____ _ _ actually slightly more than a hundred feet as you if you recall way back the way this was originally platted, ah there's a tract down here tract G that the City retained and ... (inaudible -- voices interrupting) right, but it goes clear to the top of the bluff and its actually on the top of the bluff by a few feet. This this survey line shown here, actually .. is brushed out and KENAI PLANNING & ZONING COMMISSION Special Meeting - Nay 17, 1988 Page 4 runs along the top of the bluff so its a few feet there to the top of the bluff and we might talk anywhere from two feet to ten feet and then from this survey line there's the hundred foot building setback and that is on the the current plat. I've got to refer to this plat here to give you just just ... Ok this the ah, bluff front on the residential is plus or minus a foot or so is eleven hundred and nine feet ... and unfortunately all I can say at this time is that's probably about fifty feet longer than this is kind of an approximation I don't have the exact figures here, ah slightly longer than the amount for the commercial property. But its not significant, its pretty close within a hundred feet of being half and half. Chairman Smalley: A concern that came up some time ago ah, one of our other Commissioners was here and I think it was in the discussion, the concern on the commercial aspect fronting the Spur Highway is the number of small lots which leads to concept of nineteen mini stores, ah, and again the effect that this type of ... situation is going to cause on the property adjoining it to the north, the Dena'Ina Estates property. Sam McLane: Ok, if I might on that, this, original concept map showed and these were just for illustrative purposes only showed a varying size of lots that sometime in the future ah the tracts might be further subdivided down to as you all know and newer members the Dena'Ina Point was platted in tracts based on a preliminary and the the tracts were sold and then the owners were going to subdivide into smaller lots now in the concept map, ah, these tracts ranged anywhere from two acres down to about a half an acre. These were drawn on there just to illustrate type a lots and so forth. On platting, we're coming in and generally speaking, well I'll refer to these acreages, ah .. I can I'll tell you right now this isn't a final plat and its missing some of those things. (laughter) Generally speaking we're looking at commercial tracts of five actually one point three acres that's narrow in here going to .. ah, seven point one acres and I'd like to point out that any subdivision of those tracts has to go through the Borough and the City and so forth and we'll follow you're zoning ordinance and the Borough subdivision ordinance. Now at this time, ah, as with any tract a land in the City, I, as I understand it if you meet the terms of the ordinance there isn't grounds for ah, denying a plat at this point. Now there could be if there is some undesirable access and some of those things but those are questions that would come up with the filing of the ah, final plat. At this time we're just, we're keeping the same large tracts, that, that it had and we addressed that I know that was some concerns that were brought up by more than one Planning Commission member and Council member at the times and I almost --regretted-drawing those .smaller ones on -because -they really. -not the owners desire but just simply to show how some lots might be subdivided in the future.__ Chairman Smalley: At this point in time do you have any idea what proposed uses, ah other than the discussion that again it wasn't a t dl HENAI PLANNING & ZONING COMMISSION Special Meeting - May 17, 1988 Page 5 commitment but the discussion came up about a restaurant overlooking the the mouth of the river and the inlet and so forth. Do you have any other ideas at this point in time what the owner proposes because we keep coming back to this sometime in the future this might be done. But sometime in the future might be too late to as far as perhaps effecting those adjoining properties. Sam McLane: Right, the ah, as we stated I stated going through the zoning ordinance and more specifically your comprehensive plan and I also addressed the the newer version which has never been approved but it still had some points brought up, in it concerning the city's development and so forth. And, some of those ah, tourism type ah, businesses commercial ventures were mentioned but you know, as I stated last May and June there's no plans at this time whatsoever ah, for any specific business the idea was to provide there's no, ah, as we discussed back then there is no, large tracts of commercially zoned view property within the city. Ah, the only area, that I can think of is city owned and its, its, been more or lose designated or discussed by the Commission and the Council in the past for the senior citizen center site over there ah, talking about perhaps some congregate housing ah, perhaps a convention center but seems to me there hasn't been a desire for that area of the old FAA grounds overlooking the mouth of the river to go for private type development so this, this, in effect this, something on the order of a thousand to eleven hundred square feet is the only footage of that size that has ah, view potential in the city, the only other ones are the Old Town and I'm sure you're all familiar with the development in Old Town its rather haphazard and lots were laid out based on foot trails and so forth the streets are there's no arterials in there and, and so forth they're real small parcels. And that's tough to have any sort of, significant development and that's when I pointed out just for an example the ah, the new hotel over here on airport road ah, I didn't wan5t to bring that up on a landscaping standpoint (laughter) but just to illustrate size and and actually it is a pretty good example because you can see how large a tract it takes if you included some room for some landscaping around the parking lot but it does take a much larger tract than is available anywhere in Old Town. Pat Nault: Isn't there a question about whether there would be highway access to these lots in front. Chairman Smalley: I don't think so, I don't think the state would approve it if they'd have to have a frontage road you know I'm assuming there will a fronny, frontage road off the Spur rather than .... Sam McLane: At this time, the configuration is, a frontage road along half -of -it end -the -other half ... well its -tough to discuss this, one tract has a frontage road on it, the other tract does not. For -instance on -ar-typically the way,- I'll just -use for. example a shopping center, generally the way they're developed now, ah, the property is, subdivided but there's common ECR's, easements covenants and restrictions, which allow for such things . KENAI-PLANNING & ZONING COMMISSION Special Meeting - May 17, 1988 Page 6 as common parking common access, and so forth and, ah generally it takes a tract for instance about this size so I would imagine you could go to the highway department who controls the access from any state maintained ROW and you would deal with them for your ah, access permit they'd tell you what sort of drainage structures and, ah, your width, ah the spacing between 'em and then sometimes if you do subdivide into smaller tracts they'll stipulate if you do have a number of tracts say six of 'em, contiguous that front the ROW they might specify in their comments common driveways on the lot lines. But the state, ah, highway department of transportation issues those permits. Pat Nault: So there could conceivably be an entrance off tho highway for every one of those lots on your concept plan. Sam McLane: That is, conceivably yes however if a subdivision was ah, submitted like this normally there's a note on the plat that restricts the lots to interior access when they're double frontage and then sometimes, the the DOT also sends comments to the Borough. Ah which are included in the staff report when they review the subdivision and they will, if its requested they will sometimes approve ah, common driveways for instance along here these two lots they would they have a common ... access here. Once again, ah, you know this, is just a concept conceivably you could have some sort of commercial development on there with building pads, ah, most of the examples, I'm I'm going to use well for instance take the Northway Mall in Anchorage, ah, just if you're familiar with that, there's a large tract of land there you have, ah no access to the Glenn Highway accept off the side street and then along there there's I'm going to say there's about three of 'em, three ra+n accesses however, that whole ah, shopping center, the various food, stores along there ranging from Pizza Hut at one end down to the Red Robin at the other end, those are on individual parcels but the ECR's provide the access agreement. Conceivably and I'm certainly there's no plans for that a development of that type down here, but that could be done here. ah, I'm going to mark on this one, you could have building pads like this, a large tract say another pad in this corner, and, have an entrance here, and here for instance. or maybe because we have a street here have no highway entrances, have an access here and here. This is, is preferablethisis what, ah, a quality development would have and that's what the.Borough ordinance is ah, lend to because, the, the, the road standards and so forth were included, I'll regress for a minute, when this .. project was done all the streets were designed, we have arterials arterials with larger ROW's, and then going down to sixty feet. -Now in the new new plan we have a an arterial coming in here. The construction standards on that -show a larger width-T believe, its a forty foot paved width, that's the main entrance into this over all tract and then they branch out: --And these are -going -to -have - the nice, ah, wide, ah, state highway type entrances, simular (spelled as pronounced) to the entrances in the map project across from the Kenai High School, where your paving now those don't have curbs but that's still a state standard three radius intersection a KENAI PLANNING & ZONING COMMISSION Special Meeting - May 17, 1988 Page 7 where radius' out and you have long tapers so you don't end up with the ruts along the side of the pavement and that sort of thing and that's that's the type of development I foresee on this tract when it gets gets to that point. Pat Nault: But how much of that is actually locked into the plat, how much is that up to the people that develop it at the time the parcel is individually developed. Sam McLane: That is, all those comments I just made are part of the, ah, subdivision, ah, platting, ah, ordinance that the Borough has, I don't the city's subdivision ordinance addresses it specially because its covered by the Borough. This plat, ah, as with the earlier, well the early one did, doesn't restrict, access off the highway. So, there's there's nothing locked in but I would like to point out that, when this is subdivided, if it it got into a deal like this, then that plat comes before this Commission and if this Commission says access is restricted to interior ROW's that note would go on the subdivision of this tract and, that's when the restriction would apply. Pat Nault: And that would be at the time the final plat was filed? At the Borough? Sam McLane: Not this final plat, 'cause this final plat is still dealing with the, the larger tracts, I was referring to Pat Nault: Ok Sam McLane: sometime in the future when these larger tracts are subdivided and once again that's a, when and if, then they're restricted now right now, if this plat is, filed, just as it is, as it was submitted and it was submitted under the concept procedure the, state highway you would go to them for permits, 1, I can't speak for the state, but normally when you have a ROW around three sides dedicated ROW that's not state maintained you have a state maintained road here, they send a stipulation to the Borough that says access shall be limited to interior ROW's. Um. I don't the only Borough staff report I have with me concerns the, the vacation and that's, that doesn't deal with the subdivision aspect of it it just concerns that these ROW's are replaced by sufficient new ROW's. Chairman Smalley: Another concern that I have and maybe its, I'm not trying to put you in a box, what would be your opinion of a piece of commercial property as such, especially with access there on the north end of it to the Spur Highway, what kind of effect is that going to have on residential property with homes valued at approximately one hundred thirty, well whatever, you're looking at a piece of real -prime property -what kind of effect do you -think that's going to have on residential property. Sam McLane: Ok, let me, before I render that opinion let me tell you one thing we've done on this, because, screening easements, no 1 � R•' i .L I F KENAI PLANNING & ZONING COMMISSION Special Meeting - May 17, 1988 Page 8 matter, the ones you have on a plat now that says thirty foot screening easements you know, its, if a guy goes out and its happens in the past the bulldozers get there and zippo the trees are gone and you don't really have, much recourse, actually you do, but, you know the trees are gone. What we've done on the screening easement that abuts the remainder of it, we've actually included that in the ROW. So that is not privately owned property, that's, we made the actual ROW wider and shown it so this screening easement is not included in in the tract where on the, on the plat the way it is now, recorded, for instance this screening easement is owned by the owner of tract p-seven in other words its his property there's a restriction on that says he can't cut trees, living trees in it. Now this one, this is owned by the City, its, or going to be, its a dedicated public ROW, I would assume, I'm certainly not an attorney that the City would have some sort of legal recourse if actions were done in that ROW that didn't conform to the permit because its not private property its the City's property. So we've done that, to, make sure the screening easement stays in place. In answer to your question without adequate screening easements and so forth, you know, I personally wouldn't want to have a beautiful home right next to a 7-11. But that's one of the things that we did there, the other, the other screening easements, ah, we had, this was an ideal place to include it in a ROW. The city we've had discussions with 'em before on other subdivisions where the City doesn't want ownership of a typical screening easement in here because then its City property if trash builds up on it and or whatever hazards developed, then it's the City's responsibility. But on that on that one case, we'd have that and that separates the other owners, ah, well. Mostly Jess Wade and Coastline Enterprises on these tracts, so I think that has addressed at least some of those concerns. Pat Nault: On the north end. Sam McLane: Right this is the north end. Pat Nault: What about the south end, the screening easements across the, the east and the south, those are privately owned, no I mean half way down the subdivision, yes, right there. Sam McLane: This, this property is owned by the applicant Royce who's applying for the zoning request right now. The screening easement is split on the final plat with a lot line running down the center fifteen feet of the screening easement is on, the residential side, fifteen feet is in the, the commercial side. And those are the type of easements I'll be the first to say those you know there have been problems in the past, I don't know if there is an effective way of ... dealing with those but .. you know that's the way it is with plat restrictions I can site an example -where -the veterinarian is -on,. off Kalifonsky_-Beach Road,.. its not his but the lot right next to him, on the state subdivision on the river right across from Cook Inlet Academy? If you're familiar with that, that had, was subdivided by the state, sold to private people fifteen years ago, on that original plat there was a no cut screening easement on the back side of that KENAI PLANNING & ZONING COMMISSION Special Meeting - May 17, 1988 4 Page 9 lot, well you see what happened to it. Ah, the owner once the trees are gone, Chairman Smalley: The cat made a mistake. Sam McLane: Yea, you know maybe the guy didn't see the plat but that's, you know you can put, I'm saying you can put notes on plats you can write 'em all down short of going and building electric fences around 'em, there are problems with plat notes and restrictions. But hopefully as people become more educated about 'em you address those sort of things in your building permits, ah, you know you have notes right in 'em and when you make your building inspections that those3 easements you have, check offs on those and for a person to get a building permit you make sure he's aware of the no cut screening easements and so forth. That's, ah, one way you can help enforce it. Marj O'Reilly: I have one question, Sam doesn't the value of that residential property of Mr. Roberts', isn't that diminished by the existence of the commercial. Sam McLane: Um, we've got, the way its designed we designed, it, to minimize that type of differential, ah, and trying not to have that harsh, ah, you know say a gravel pad right up to a eight foot high wooden fence we've seen in other parts of town are, are totally cleared, but those things, certainly if there's no regard to, the development over here or if its haphazard or let me say cheaply done, then that happens, but I personally think this is the type of property that, if developed, property and aesthetically it enhances the value. So in other words, ifthe commercial was developed properly it will have adequate screening and so forth to protect the residential, also we have one long lot here, we came in with a, with a bald (?) cul-de-sac to kinds, by use of the ROW's and the screening easement, make more of a separation, in other words we don't just have a straight street through here with an imaginary line through the woods saying ok this is the break, so, ideally here you come in with a wider road at this intersection that tapers down, commercial type traffic goes in here, it doesn't even enter, the residential part, you have, ah truck traffic here, the traffic coming in here would just be associated with residential use and flow on through, and I'm sure your going to have, ah sight seers and house lookers and so forth because, its, its prime property and your going to have that type of traffic. But we've attempted to minimize that and that sort of impact or having, by having its use here that would degrade a value or use adjoining it. One thing about it, its, you have, in addition to what's shown on this plat by the fact that we have -a commercial, ah, zone, there now, that's when your landscape ordinance, comes into effect. Which doesn't affect residential -property at -this time, but -it - does, address, landscaping on commercial property. And I don't know, if you're, still talking about revising that, and I know there's, you know there's been some problems with that having, a 0�1 t KENAI PLANNING & ZONING COMMISSION Special Meeting - May 17, 1988 Page 10 landscaping ordinance in effect and enforcing compliance. I think those, sort of things are just associated with growing pains I guess. Chairman Smalley: In dealing with the issue of the vacation ROW request, it, we've got to look at the whole picture. And, and I keep coming back to .. this, and again I'll use, it has probably been used so many times you want to throw up, but its a non-renewable resource as far as, prime property. Ah, I can see especially with, you know, the cleaning, -going -taking place, the beginning of many requests, for commercial consideration along that wholu_etripL And, you know, its just -not in harmony with the existing Land Use Plan. Ah, its, it shows up I believe as medium density urban residential. And, the value, residential value is just, I think its just phenomenal and I, you know I know what has happened to my own personal property and its not even close to the bluff, what happens when a piece of potentially commercial property or its commercial or whatever zoning, this, abuts residential, boy it just, it stabbed it severely. Sam McLane: I didn't come prepared to go through I went through, as those on the Commission will remember, that were here at the time for the public hearing both before the, both P and Z and the Council, ah we went through a large, ah discussion regarding the zoning for the overall city, now we really didn't look out at the Valhalla Thompson Park area but the whole central area and we analyzed the amount of commercial property available, ah, the existing use of it whether it was vacant, the size of tracts and so forth and kind of a counter point to Mr. Smalley, we have ... prime commercial property in Kenai is also a non-renewable resource and you actually don't have a tract where you can come in and have a nice, and unfortunately I can't point to -an example in this town nor in Soldotna or so forth, we have a, have a virgin piece of property here, your other parcels that have gone commercial were cleared by the federal government and the FAA years ago and didn't have any trees on 'em so you couldn't go in there, here we have a piece that can be done real nice, ah, we all know from going to nice areas that have, ah type building permits and zoning ordinances and landscaping ordinances that, you don't need the big golden arch sign out on the highway and the big, asphalt landing strip going in there. For instance if you had a nice and I don't want, this is just pure speculation but a nice, hotel restaurant, some sort of tourism type commercial development there, those sort of things would be enhanced by leaving the natural trees, buffers, and so forth and making it, I mean that's, the problem with the hotel in this area, the one, one nice one I can think about is theRiversideHouse and the International, it has a nice view on one side because it had a wooded bank and a river. Chances are if it wouldn't have been in that spot it would have been surrounded -by asphalt too. But most of them are, and, - you know, that's unfortunate, but, its, its tough at this point with the economy the way it is, ah, to speculate, but we, in that discussion we analyzed the amount of, residential property available, and compared that with the amount of commercial �.1 j: 4. r i S; T. KENAI PLANNING & ZONING COMMISSION Special Meeting May 17, 1988 Page 11 L property available for new projects. We were looking at the vacants and the percentage was over whelming on the residential side. And I don't, now I've got 'am here in my notes, but, this was, ah, this was rezoned to which amounts to ... oh say twenty five acres, was a drop in the bucket compared to, the amount of land available for residential development. And this one when you address concerns like well if we have some commercial here is this going to continue clear down t he way, we have a, if you look on this and we discussed this, you've got kind of a natural break, ah, right in here due to the church tract and the way the bluff curves in and the highway curves in. So the City has retained this tract, ah, the ROW is platted in there in other words, this isn't, this tract here really isn't suitable for development, it - might make, ah a couple of nice lots in there but the angle of the property line and the bluff and the fact that here is where the storm drain is planned to run over the bluff there's a natural break there, so in here we've got commercial here, the City owns this, ah, so you can, do things beyond your ordinances with that since its your property I mean you don't have to worry about the developer complying with the zoning ordinance, you know, I know that ballfield development and that sort of thing has been talked about here. So we have, ah, a break here, we've got City property so where the commercial fits in, it is, in an area by itself, we've got commercial here you go around the corner and then, this this can almost be considered all, buffer, by, lieu of the fact that the City owns it, you know I'm sure that trees are going to stay along the highway, the landfill here, the Borough's been working to, get rid of that I think there's been an appeal to the City for one more trench to allow the Borough to locate a central, landfill, facility. And then we've got the easements and then it goes, ta, I couldn't tell you the exact acreage of this but, but well in access of a hundred, ah, probably 200 in there anyway, ah, of commercial. Chairman Smalley: Of commercial? Sam McLane: Oops. (laughter) Chairman Smalley: See! That's what I was alluding to. Sam McLane: Just rampant, yea. Chairman Smalley: Thank you. Sam McLane: But those, you know, with the, the thing, as I had other people in this area, after this zoning amendment was approved ask me about it and they said, hey, would this work for mine and I said no because the reasoning I used, that, and the things I got out of the comprehensive plan and the new one that wasn't approved, ah, I addressed things that the City lacked and by rezoning this commercial that eliminated that argument, ok there you have vacant large tracts available on the bluff, for potential commercial development and you had a chance to do that now -rather than having, ah, -scattered single family homes in there and then going in, and having that awkward transition as the City grows ffomm commerc._.. residential to commercial, where you've got individual small lot owners saying, hey wait a minute, I want this to stay residential and you've got other landowners coming in and saying hey we want this to go commercial and that gave this by virtue of the fact that we have this large tract of land here, ah, n KENAI PLANNING & ZONING COMMIS81ON Special Meeting - May 17, 1988 t a # Page 12 that was one of my main points was we have an opportunity to designate this commercial now and put in the screening easements, s; design the ROW's to deal with it and so forth and the property's available. And you don't have the person, that's here or here or here saying that hey, I don't want this to go commercial and we had, ah, oh I can't recall, or let me rephrase that recall very little negative comments, well actually we had two public hearings before P and Z and two before Council. Pat Nault: Didn't the comprehensive plan address using the other side of the highway for commercial? And the bluff side for residential? - - - Ram McLane: I, perhaps Janet can answer that, I can't recall. - ` SIDE TWO OF TAPE Planning Specialist Loper: ...the other meeting was about keeping the commercial areas in the downtown core, but like you said, you had ( inaudible) _ Sam McLane: Right, we, this doesn't show it but its, well you can see, oh here's the mouth of the river right here, this picture j probably cuts off, ah, well here's main street coming in so you r can see by this aerial photo and the other one up there what you have on, available. That, well this picture's a prime example, you can start, ah, where the city owned property there is, on the, ah, where the new City dock is and go clear along and you can see there's no dark green there its all small tracks, its all ,:..,. ._-.. developed, its clear and so forth with the exception of the two ravines, ah, on the north side of town, actually, two there, one ! small one here, Ryan's Creek, and its cleared its all in small parcels, and, there is no, large tracts on the bluff, for, you a know and I can't speak to any specific development but there isn't any tracts available to come in and do a large type planned c commercial development. Those small lots, you know they're just big enough to stick a little office building on and get your nine 4 parking spaces and that's it, you just can't, ah, do anything with ' it, and the way the ROW's are in there its hard to even get parcels and join 'am up in anything that's, approaching ah, well �.. I'm sure they couldn't find anything that could even approach five _ . acres. - Mar O'Reilly: I agree with what you're saying and I think that's one of the real concerns of the Commission and the Council. That there aren't going to be any more. Pat Nault: Why is any of that left residential why isn't the - -- -- - - -=- whole thing not just commercial zoned? -------- —= -- - Sam -McLane: Well, the comprehensive plan, _like_ I say desi.gna_ted that, it was owned, I don't even know if well I'm sure the City had, ah, applied for it, there's some Borough land, this section 36 as you recall from the homestead act section 36 is were never 17 I KENAI PLANNING & ZONING COMMISSION Special Meeting - May 17, 1988 Page 13 opened for homestead development and, so that was always government land, ah. I'm just going to make a real general comment, in the comprehensive plans usually when you have tracts like that a government, they're, they're usually labeled kind of a non .. I don't know how to phrase it but its not really going to get any body worked up its just a general non-descript, use, it can, its set up for small but they're usually allowed when there was not water. or sewer available there when the comprehensive plan designated it so generally those lands aren't designated for high density or commercial until you have the facilities and that, ah, water and sewer trunk lines were just extended down the, ah, east side of the highway just actually a few years ago. One of the things that I've pointed out and I've got them here the comprehensive plan said things like you're supposed to encourage economic growth, it had, oh, tourism and recreation were mentioned in there well more than once, and then the fact, we, we talked about, how, why is the City of Kenai here, its here because of the mouth of the river and the inlet and, the fact that now you don't have any property that, can, utilize those original attributes that started the City even though now we're talking about using them less for a, an access than for aesthetic reasons. But it, just isn't there now with the existing zoning and the way the small lots are. Pat Nault: Did you answer my question or did I miss it? Why is any of that left residential why isn't it all commercial? Sam McLane: Well I .... Pat Nault: Why did you just leavo out a quarter of it like that and leave it residential if you're going to surround it with commercial businesses. Sam McLane: Oh, are you talking about this .... Pat Nault: That's right. That one. Sam McLane: Oh, I thought you were talking about the whole section 36. The owner .. we discussed this with the owner, our firm, we looked at various concepts, we drew up, you can see this one is labeled B so obviously we had another one, but we looked at various plans and land use, ah, property values and so forth, ah, we thought that the development in the future would allow for this high value residential, that's the part we kept, the ah, residential right up here next to the highway is as its currently platted now, with the thirty foot screening easement, ah, I personally wouldn't want a home, I mean you have thirty feet, which is about from here to Ray ... Chairman Smalley:- That!s.6 feet longer than my truck. Sam McLane: And then you've got a busy highway. So we looked at that and even though it ... was before the request, zone residential, it didn't appear to the owner to be high value residential. Or in that demand. Where, where if you get off the road a significant distance to have the inlet here, we felt the I L r L 1 KENAI PLANNING & ZONING COMMISSION ` Special Meeting - May 17, 1988 1 Page 14 value of this residential property could be maintained with the j screening easements, and, you know, good quality development, i.e. actually paying attention to your landscape ordinance and so forth when the commercial is developed. Chairman Smalley: Sam there, there is other property available that has access to bluff frontage, ah, riverview, inlet view, mountain view and again I guess it would be convincing the City they need to release that antenna farm property because, you know, I personally feel that's an ideal location. You've got the old Harborview area, and if memory serves me right there are a couple _ of parcels that abut each other in Old Town that make up a sizable chuck, granted they're in private hands, but there are lots that i - .-----.- are available. I Sam McLane: But when we, I discussed the Harborview size here, ah, and I'm going to try to recall, I think you're looking, a larger parcel there being on the order of an acre. Ah, no where close, j to five acres, a ah, you're, and those kind of developments were ` put in prior to your zoning ordinances which require now land- , scaping, parking, ah better access and those sort of things, handicap parking and those sort of things and by the time you do that you'll end up with what you have at the Harborview, there, no, well you're limited in size because your building size is based on the amount of parking that's one limiting factor. I think you 1 also have a height restriction, I don't know off hand what that is but that's generally the limiting size and, an acre is not, very much. It really isn't. Chairman Smalley: No, granted that, that one is small, but over here and over in Old Town there are two or three sections where I think up to three or three point and some acres per parcel. Sam McLane: Ok, they might, don't, don't those have large } apartment buildings on them. Chairman Smalley: No. They don't. There's nothing on them. If memory serves me right. Sam McLane: One other thing, and when we were looking at part of that in there in Old Town by the Harborview there, there's some fairly, not only have the inlet erosion but you have, the mouth of the river and one thing those parcels don't have you can collect 'em they don't have a lot of depth, by the time you've knocked a hundred foot setback off those you'd be hurting. Pat Nault: There's less and less there all the time. (laughter) Like a foot every year. Sam McLane: -Right. -Then -the other part, -the antenna farm,-ah, we - just are doing a plat for the City that plate a, a, have you seen it yet at your level? Planning Specialist Loper: No. Sam McLane: It has a lot on this side of the senior center and I L KENAI PLANNING & ZONING COMMISSION Special Meeting - May 17, 1988 j Page 15 then one on the other side that go, ch I, a break over there, a that's cleared and the buildings are gone but it takes up another, - I'm going to try to recall here and say about three hundred feet frontage that's, that we did in relationship to Carmen Gintoli's -� _ design for that congregate housing, so, and then, I believe the other, remaining spot left that's above, on the hill and has - frontage, is just about the size for the convention center or, j whatever type facility that's been discussed by the City off and on for some time, though, frankly I don't think it would be wise and I don't think the P and Z or the Council will advocate turning that over to private at this time, since it is, ah, the last of your City prime view, its open.... Marj O'Reilly: I know an old school you could buy cheap. Pat Nault: How far up the highway does the, this residential development go, this section 36 you were talking about, does that ° cut off at Redoubt Avenue up there by Spenard Buildings? - — Sam McLane: yes. { Pat Nault: And then what's along the bluff north of that area. j Sam McLane: I'm going to guess and say that ... my map's exactly (portions inaudible as maps are scanned). Ok, the city limits are 1 ... Edies is ... Pat Nault: Isn't Cook Inlet View Drive at the top ` of the map there? Planning Specialist Loper: No. Sam McLane: Cook Inlet View is right in ... Planning Specialist Loper: Right there. Sam McLane: The city limits .... Planning Specialist Loper: Keep going, right at the top, yes. Sam McLane: Right along this line here, and I think there are, shall we say, some model zoning right in this area, you know ... Chairman Smalley: You're being kind. i - Sam McLane: Well it is kind of blotchy in that area. (laughter) Based on the existing uses. And this, I can't even tell you right now .. „ Pat Nault: That's my question, you know, what is that zoned for (:.. and what is the use along there, I mean at this point I don't think there is anything out to the bluff out there, there's several things along the highway, a transmission shop and ... Sam McLane: I can't even tell you who owns this property. Right now. -i Planning Specialist Loper: Peterkin owns part of it, there's a ----� - small subdivision in there and ... Chairman -Smalley: KNA owns some - - — of it at one time right off the bluff. Margaret O'Reilly: Aren't there apartments there? Chairman Smalley: they're on the other side, they're on the south side. , y e I t.; KENAI PLANNING & ZONING COMMISSION 1 Special Meeting - May 17, 1988 Page 16 Sam McLane: For location, this is the Arco, ah facility here. But I don't know, I think there was a Borough land disposal that, that, on the bluff, some of it outside the City, I think actually all that disposal is outside the City, small parcels, but there's some ... Chairman Smalley: I think that's all residential. That whole piece in there. And it's in several private hands the other way. Sam McLane: Right, 'cause its platted off in government lots and always was I believe. Smaller parcels. Gloria Church: I have a question. I don't remember, in that first drawing that you showed us at that meeting, is it specified that only that small portion was going to be residential? Sam McLane: Yes, this is ... Gloria Church: In the first one that we looked at. Sam McLane: Umhum. (affirmative) This is the drawing these blue lines .. we submitted Gloria Church: Is that the original that we looked at? Planning Specialist Loper: The one on top is. Sam McLane: This is a copy of this just run in a different color, prettied up for public hearing purposes. Chairman Smalley: If, if you, Commission and Council would like to take a look at that I would like to call a motion of privilege right now. COMMISSION RECESSED FOR 10 MINUTES. Chairman Smalley called the meeting back to order. Sam McLane: If I could make a comment on introduction here, due to the short notice, owner and applicant Royce Roberts was unable to be here he had to go out of town Saturday evening and won't be back 'til tomorrow, I believe and he asked myself to come and also Rick Baldwin to represent him here and I think Rick has a few comments to make. Rick Baldwin: I'll try to be very brief, that is possible. I haven't had a chance to talk to Royce about this, I did, I have had a chance to look over all the documents that have been generated and I'd like to offer my perspective. There's been a lot of discussion apparently this evening concerning the wisdom of whether or not -this -ought to be 4-commercial zone, and, as I -read what's happened, that issue has been decided by the City Council in Ordinance 1213dash87. And, the appropriate way to bring before the Council now the issue of whether or not there s ould be a rezoning here would be to follow the ordinance and to petition for a rezoning. It appears as though the only, the only step to keep the actual zoning from happening is the, the filing of a plat•. I , KF.NAI PLANNING & ZONING COMMISSION Special Meeting - May 17, 1988 Page 17 Because as I read the ordinance it says that, its rezoned at the time of the filing of a final plat. And so perhaps, perhaps it wouldn't be, rather than a rezoning, another procedural way would be to rescind Ordinance 1213dash87. Prior to its becoming effect even. But, both of those appear to be prerogatives of the Council and I would suggest that, ah, that would be the appropriate form for, for revisiting this issue, of whether or not it should be rezoned if indeed that needs to be revisited. The issue tonight appears to be whether or not there should be certain vacations granted and, as indicated on this plat, to vacate the old plat to make the new plat conform to exhibit B, the concept map which the City Council has directed this property be zoned, rezoned in accordance with. And that being the case, the, the issues that I see, are whether or not sufficient ROW's are dedicated to serve the surrounding properties, whether or not sufficient easements will be granted to serve, to serve surrounding properties, whether or not any surrounding properties. Whether or not any surrounding properties will be denied access and utilities, those seem to be the primary issues rather than whether or not there should be a rezoning, so, you know ... I guess that's really about all, all I have to say, I didn't come prepared to make any kind of a pitch whether it should be rezoned one way, to be rezoned commercial or residential or whatever, and I don't, I'm not sure Sam did either, because of the, the limitation that appears to be on this body tonight to decide the issues of ah, vacation or not, so I think I'll jaut stop my comments with that, thank you. Chairman Smalley: Any other input from Council members present or Commission? Councilman Measles: I just want to make a couple of comments to address what Rick, brought up there. Vacation of easements is the, the question that is immediately before both the Planning and Zoning Commission and the Council, or really the Council, the Council asked P and Z to have this special meeting tonight to address this because of the questions that were raised both at P and Z and at Council in regards to, whether we made a mistake when we approved the rezoning and that ordinance. The reason for looking at it at this time moving through a special meeting and attempting to get some more input from the developer, it was the feeling of the Council and P and Z at the meeting last week that, that, if in fact there, its decided that we don't want to do that, this will be the time to stop it rather than waiting for the applicant to go through the expense and work of getting a final plat ready. This vacation of easements will go into effect the morning of the ninteenth if the City Council does not object to it and it was our feeling that if we do plan to rescind that ordinance or whatever, that, maybe we should stop it at this point before anything further happens:-- -And -if we decide that we don't want to stop it, then we don't have to do anything. Thursday morning, the vacation of the -easement is effective. If we don't do anything further, Royce can go on with his final plat. But we didn't want to wait until that point, he's spent the money and the time and everything to get the final plat ready for filing and III a KENAI PLANNING & ZONING COMMISSION Special Meeting - May 17, 1988 Page 18 l i;.. then the Council say well, we're going to rescind that ordinance, we just felt that this was the time to do it. If we were going to i do anything different than what we were already, doing with that ordinance. Rick Baldwin: Could I just respond, I haven't had a chance to talk with Royce but the sense I have is that if, that he's willing to take that risk. That, that the Council really wants to revisit 1. this issue, to not do so on a relatively short notice, rather' follow basically the same process it followed initially in, ah, establishing this commercial zone and allow for more public input ,i and so forth. In other words begin a process of viewing, _=-,► 11' (partially inaudible, speaking from the audience) I think Mr. ! t Roberts is willing to take the risk of having to perhaps spend a little bit more money and (inaudible) unnecessary development I costs. But still allow for the process to perhaps repeat itself. l I. Chairman Smalley: Are there any other comments by Council, men, women, present, Commissioners? Ok, the issue we have before us, ah is there anything from the City? Planning Specialist Loper: no. Chairman Smalley: The issue we have before us is to accept or reject the vacations of portions of, I won't try to pronounce their names, but, vacate portions of utility easements adjacent to i Rights -of -ways or adjacent to tracts D-one through D-seven ; Dena'Ina Point Estates. Is there a motion. The Chair entertains { II a motion. (laughter) The Chair can't give one himself. Pat - Nault: the Chair can't huh? Chairman Smalley: no. Chairman Smalley: I have a question, point of clarification. Gloria Church: Yes. Chairman Smalley: It has to be, whatever the motion comes up it has to be in a positive form, is that correct? Planning Secialist Loper: That's correct, number one, You're not going to say we approve or disapprove, you're going to say we recommend to the Council approval or disapproval. Chairman Smalley: And then .. Planning Secialist Loper: Number two placed in an affirmative action. You must say something, for i example, we recomend approval of, as an example, then when you i `vote, if you don't want it you vote no, if you do -want it you vote yes. But the motion must always be placed in an affirmative l action. Chairman Smalley: And if it, if there, if its, the vote is not then there must be a reason. It would be better if there was a reason. Planning Secialist Loper: As long as you're recommending to the Council, it would be very advisable to give a reason for it, for whatever you feel you wish to recommend, if like Rick says you want to go back to square one and look it over �f again or whatever you want. + Margaret O'Reilly: So if you wanted to have them go back to ---._ square one and look -it --over again then you would vote no.- j ---- - Chairman Smalley: correct. 1 Councilman Measles: That wouldn't really take it back to the beginning. Chairman Smalley: Well actually it just takes it over to Council and Council has that authority tomorrow night, whatever I i� Y LL r KENAI PLANNING & ZONING COMMISSION Special Meeting - May 17, 1988 Page 19 action they take, is that correct? Margaret O'Reilly: But we would be recommending (inaudible) Councilman Measles: That would only stop this vacation it would ato change the ordinance. Chairman Smalley: It would not change, we, we, its not within our power to rescind 1213 -87. Chair is still entertaining a motion. Pat Nault: I'm working on it. (laughter) Councilman Measles: Chair is not being entertained very well. Pat Nault: See if I got this straight. Where's the request. MOTION: Pat Nault: I'll move to recommend that the City Council approve the vacation of easements and right-of-ways within Tracts D-1 to D-7 of Dena'Ina Point Estates. Chairman Smalley: Is there a second. Gloria Church: Repeat the motion please. Planning Specialist Loper: I think I understood you to say you recommend the City Council approve it? Pat Nault: No, recommend that we, we, I moved that we recommend to City Council. The approval of the vacation. Chairman Smalley: Is there a second. Pat Nault: Come on folks we can't go anywhere until we put something on the table here, vote it up, vote it down, whatever. Gloria Church: Ok, I'll second it. Chairman Smalley: Ok, we have a motion and a second to recommend approval of the vacation as submitted. Discussion. Pat Nault: I've got a question for Mr. McLane, if we recommend to the Council not to, to disapprove the vacation of the easements, where does this go, does Mr. Roberts have the capability to again go back to the Borough Planning Commission and ask to do that all over again. Sam McLane: This. To quickly go back from square one, we presented it: -there -was the ordinanca,.the_resolution passed_b_ P- and Z, for the rezone amendment based on filing of the final plat, and in_that, -in- the -memorandum we stated we would have to vacate the easements and put the ROW's around it. So, that being done, I would imagine, if the vacation is turned down, that recommendation goes to the Borough, I'm not exactly sure how that happens but then that plat showing those vacations will not be filed. J A KENAI PLANNING & ZONING COMMISSION Special Meeting - May 17, 1988 page 20 (inaudible) Janet. Planning Specialist Loper: It's a state statute, ah, that a municipality meaning Council, has the right to veto within thirty days, Sam McLane: Right. Planning Specialist Loper: Irregardless of what the Borough action was. Sam McLane*. --Right and thats correct so what that does to the zoning amendment I can't tell you actually, at this point. Pat Nault: No, I'm not talking about the zoning amendment, I think what I'm doing is just, ah, well I think being respectful of Mr. Baldwin's suggestion that if we're going to reconsider the whole thing maybe this is not the form to do it, I think I'm looking at a way to buy some time to do a reconsideration without doing it in a real piece meal fashion. so my question is, if we recommend against this vacation of easements, and then the whole question is looked at again and its decided this ought to go forward, is there a process for him to resubmit the whole proposal to the Borough. Planning Specialist Loper: He would have to resubmit it as a whole new proposal. Sam McLane: Right it would have to be resubmitted, there's certain requirements but since it was the City that turned it down rather than the Borough, I think, you know, there's another two hundred dollar application fee, public hearings and so forth but I'm certain that, that procedure could be repeated. Councilman Measles: If the City does not approve this, since it is a Borough decision is there not a means of appeal? Planning Specialist Loper: No. According to Dick Troeger there is not. Because the Borough approved it, we're not, so the only appeal they really have is not a formal appeal, they can only address the Council over the recommendation of the Planning and Zoning, they cannot go to the Borough to appeal. Councilman Measles: Right, but they can appeal it to the Council even after the fact. If we object to it, it does not go into effect, then he can appeal it to the Council, but back it up for a minutes,_I think what Rick was talking about was letting this go ahead. Mr. Roberts would go ahead with his final plat and at the _time of the final plat was presented, if I understood you right, that would be the time to say yes or no and rescind the ordinance or whatever or let it go. Is that ... Rick Baldwin: The City always has the right to change its zoning ordinances. ,- -- . ....-_ .- 1 � � KENAI PLANNING & ZONING COMMISSION Special Meeting - May 17, 1988 Page 21 Councilman Measles: Up until the time that final plat is approved`] and filed. 1 Rick Baldwin: My understanding is that any time the City wants to ` change its zoning ordinances it can rezone. Planning Specialist Loper: This is a little different, this doesn't go into effect until the final plat is filed which is different from the other rezonings that we've done. Ah, under normal circumstances when a rezoning is done by ordinance it goes 1 - through City and Borough, that's it, it's done. In this case it is not, -it will be contingent upon the filing of a final plat I - - - ---- - ----- - - which in the wording in the ordinance which you have, ah, states, I think its called exhibit B, so in this case you wouldn't have to undo a zoning because the zoning doesn't take effect until the final plat. Rick Baldwin: I understand. I think we're saying the same thing. Planning specialist Loper: Oh, ok. Sorry. Rick Baldwin: (inaudible) this process would go through (inaudible) final commercial zone sitting up here. The final plat being filed that doesn't take away from the City power to at any 6 time come back in and rezone this residential again if they so desire. Councilman Measles: Well, that's true but, if the final plat was fired .. .filed, and the developer started any kind of construction out there, I think the City would be hard pressed to try to change the zoning at that point. Chairman Smalley: At that point in time right. Councilman Measles: Now, I think, at whatever point, if that was what the City wants to do, it has to be done prior to filing of that final plat, we'd have to reject the final plat, have to reject this, have to rescind that ordinance. (inaudible) Councilman Measles: Until that final plat is filed, that whole area is still zoned residential. Rick Baldwin: Yes, but, trying to pull together what I think has happened, I think maybe you've already comitted the irrevocable step, At least as far as this particular process is concerned because it, it, as I see it, and I don't want to try to g ve you any legal advise, the ordinance has been passed that says the rezoning will happen upon the filing of the final plat. And I, i - - don't think now the City could, could, without some real strong justification, for the ability now of Mr. Roberts to file his final plat. Because the City would have to say, we are, we are not allowing the vacation of these roads, for reasons other than I f y i1 i,. L KENAI PLANNING & ZONING COMMISSION Special Meeting - May 17, 1988 Page 22 the reasons specified in the statute for turning down a vacation. i.e. we don't like the zoning, rather than, you are not providing for sufficient access. So that's, the way I see it, the kind of irrevocable step and I hate to see get into, further into (inaudible) a real procedural nighmare where, this process gets slowed down and then the ordinance gets rescinded and then there's real question as to whether or not an ordinance could have been validly rescinded because the step leafing to that were improper. (inaudible) think about that. Councilman Measles: Its kind of a fiasco because if we allow this vacation of easement to go through and then at any point after than the City decides to rescind that ordinance, then at that point we're stuck with these new easements and the City would then have to go, or, the developer, the owner would then have to go back and redo these easements if he wanted to put it back in a residential form. Rick Baldwin: That's correct. Pat Nault: Is that correct or did the easements actually take effect with the filing of the final plat. Rick Baldwin: The easements take effect with the filing of the final plat. I'm sorry, maybe I misunderstood.... (Many voices overlapping and much is inaudible) Councilman Measles: The vacation of easements, its my understanding takes effect Thursday morning. Chairman Smalley: Right if we don't or if the Council doesn't ... Rick Baldwin: Boy I'd have to look at that, I couldn't even guess. Sam probably could tell me. Sam McLane: If I might, until this plat, this one right here, gets recorded, you don't have new ROW's but your time frame for stopping the recordation of the plat runs out thirty days from the date of the notice sent out but you don't, you don't have easements in effect until because this has the certificate of the ownership and dedication which states we're the owners of the property described hereon and dedicate all ROW's to public use and grant all easements as shown and when this is signed by the owner, signed by the City signed by DEC, then it gets recorded then you actually have those easements in place. But the process is, you got your thirty days to alter that process, but, I would tend to and I would, had -short notice -of this and had very -short - - conversation with the owner on this and I think, based on that short -conversation with Mr. Roberts I -would -agree with Mr. -Baldwin that, ah, that we would like to see the process, if it is going to be rescinded, lets not talk about ROW's because its coming down to me I don't think we're really talking about ROW's here, at this point, because we, there's not a heck of a lot of different TfT KENAI PLANNING & ZONING COMMISSION Special Meeting - May 17, 1980 Page 23 between the ROW's shown here and on here except you don't have a loo road in here that's the different. But I didn't come here tonight to be prepared to make a presentation and bring all my data we prepared for the public hearings, the four of them we went through about eleven months ago and I don't believe we had adequate notice to do that tomorrow night and we certainly, I don't have an opportunity to consult with the owner and so forth so we would like, if, if It is I guess I'd request and I'd be at teh Council meeting tomorrow that if the zoning is going to be rescinded we'd like the public hearings and or whatever, as Mr. Baldwin said, some sort of process due process to go that, so, ah we would have the adequate notice to respond. And also I would think that since we had, ah, four public hearings, on establishing zone with that ordinance, 1213-87, there probably should be some public comment, ah, be allowed if that ordinance is going to be overturned. I sort of viewed the ordinance as, the zoning then approved if the, the owner of the property did his survey, got the plat in order and filed it, I didn't see that worded as a stipulation where it was approved but if the City bounced the plat, ah, then it wasn't approved. So, I'm not an attorney on that, but ah, this has all come up rather quickly on here, and we'd appreciate more -time, I'd sure like to talk to the owner of the property again before this is resolved. Chairman Smalley: Councilwoman well we have Councilwoman O'Reilly: yea, a couple of coments, I happened to be on P and Z when this was presented a year ago, eleven months ago. I had, the time frame crunch right now Sam is the City's probably because of that thirty day thing, I think we had some questions for our City Attorney as to what, I mean it would be ok by me to, first of all got a sense of what the Council's feeling is and I don't know that its black or white at this point, secondly, delaying things, it might be easier and cheaper and cleaner and kinder to do it earlier if the Council is at all considering rescinding the ordinance. But since Mr. Roberts and his representatives would like us to let the progress, the process move onward, I wouldn't object to that either, except I would like to know if the City is losing anything by it, should they decide at some point in the future to really look at turning that ordinance around. its a delaying action. Chairman Smalley: its a legal question though. Councilwoman O'Reilly: Yea I know. its a mixed up bag. Chairman Smalley: I would like to, try to talk and think at the same time, I would like -to, propose a rejection.of-thisapproval, ah, from a standpoint of finding of facts I think sufficient rights-ofs-tway-should be --dedicated to serve surrounding properties and so forth and I think that might be the issue regarding screening and rights -of -ways as the potential effect, ah, that has, that could exist on existing properties at this point in time and I highly recommend, as, as Mr. Baldwin indicated, that the t- — s t, KENAI PLANNING & ZONING COMMISSION Special Meeting - May 17, 1988 Page 24 property owner and developer sit down with the City, ah, and discuss this particular issue. And let it work out in that manner because you know if, if, if a mistake is made its best to stop it now. one of the avenues of at least getting it to be looked at is to reject the Toning. The City Council, again its not a black and which issue at this point in time, can do whatever it wishes, take our recommendation, ah, or reject it. Its entirely in the Council's hands no matter what we do here tonight. Chairman Smalley: Comments, other comments. Discussion. Gloria Church: What was the motion again. Planning Specialist Loper: Recommend to the City Council, approval of the vacation and easements and ROW's within the described property. Gloria Church: So if we vote yes ... Much overlapping discussion, portions inaudible. Chairman Smalley: Question. VOTE: Planning Specialist Loper: Hal Smalley - no Gloria Church - no Pat Nault - no Margaret O'Reilly - yes Planning Specialist Loper: ok, three no one yes, the motion fails. Chairman Smalley: So at this point in time, then they would probably go before Council tomorrow night .... Planning Specialist Loper: With the recommendation that it had been turned down. I will do my best to have the minutes done for everyone concerned by tomorrow. Chairman Smalley: Meeting Adjourned. Janet -A. Loper - - Planning Specialist X L C r— C :NAI PENINSULA BOROUGH 144 N. BINKLEY • SOLDOTNA, ALA8KA 99669 PHONE (907) 262.4441 April 13, 1988 DON GILMAN MAYOR Bill Brighton, City Manager City of Kenai 210 Fidalgo Kenai, AK 99611 Dear Bills Attached you will find a memorandum from Catherine Mayer who has responsibility for overall landfill management. As you can see, the length of the use of the Kenai landfill is central to the issues she must face. I would request that the City of Kenai consider extending the time allowed for operation of the landfill. The Borough is in the process of reevaluating all of its solid waste require- ments, as well as our facilities. We have found that the site at Elephant Lake is less desirable than originally thought, and that we may need to line any landfill in the future. We are on a two pronged approach in reexamining waste disposal. We are looking at other sites which may have less development costs, and at incineration. I would further request that I be allowed to present to the council what our problems are and discuss with them where we are on. I remain Respectfully yours, 6�j� Don Gilman Borough Mayor J . `w.-.-. 3 f.. k'4 r NAI PENINSULA BOROUGH 144 N. BINKLEY • SOLDOTNA, ALASKA 99669 PHONE (907) 262.4441 MEMORANDUM TO: MAYOR DON GILMAN THROUGHQ KEN BROWN, PUBLIC WORKS DIRECTOR FROMs CJ' CATHERINE MAYER, SOLID WASTE TECHNICIAN DATEs MARCH 15, 1988 SUBJECTS KENAI LANDFILL EXPANSION Excavation of the final trench at the Kenai Landfill is scheduled to begin within the next few weeks. The trench is estimated to be approximately 909 x 10001. It is im- perative that excavation begin immediately as it usually takes two months to complete.' Resolution No, 86-71 City of Kenai, granted an extension of 18 months ( which has since been extended by 6 months). The Resolution also made reference to expanding the site by 300' x 10001. 'The extensions put the closure date at November 30, 1988. The additional trench would not be full until the end of 1989. A new operations and maintenance contract needs written and out to bid in the next month. We also need a new printer for the scales. These items are dependent upon our exact date of closure for the Kenai Landfill. That is why I hesitate taking for granted that they will not require us to close by November 30, 1988 whether or not we have a trench full. iPlease let me know as soon as possible if I should be writing the new contract to December of 1989 instead of November 1988. Thank you very much. Attachments L DON GILMAN MAYOR i J ' U. 6 ... .. .... .. i_ ••�• ` 77 Xm 1p - � .. ` .•ems ��j` ��,�, .� ,�. a _. To me 691 I/It//IIIIII/IIII/IIII/IIIIIIII/I/IIIINI/III/I/I . IIf///INN//IIII//IIIIIN/I/I/I////III/III/I///I . /III/IIIIII/NI/I//////I/II///INNIIII/III/IIII• II/Ir/IN/I///IIII//IIN/IIINNII/II/////III/II• /III/II/I/I/III/////I///III//Ir/////fII///II �/IIIIIIII/IIII/////IIII//////IIII//IIII///II///// I//IIIIIII/IIII/////I//////////////III///IfIII/1• •//II////r/r////I///I///////I/////////I//I/I/III/I /III////IIIIIIII////1I/rI//III/III/II///III/II/II •'/II///�//////II////II/I/I//IIItt/tIN//ItNINt• ---------- -- ' --- - I/IIIr II////IIIII/III/r//I//I//I/r/I///IIII♦/II• //I/////IIII/II///III/I//I///II///III •I•I/N/II/III/II/tII/I//I/I/I///I///I///I//If/I// � •.///:IIII///////III////II ` � • � //IIII//II//I//II//I •//I/IIII/III ••/I�:iiiii 'lipR C" - I CITY 4F KENAI "Od eajad-d 4 4"lf MORDALOO KENAI,ALASKA /NH TEWHON9293- s September 18, 1987 Mr. Dill Conyers, Borough Engineer Kenai Peninsula Borough P. 0. Box 850 Soldotna, Alaska 99669 pear Sill: As per our recent telephone conversation in which you expressed a concern and a need for the Borough to request a six mouth extension on the present landfill site and your proposal that the Borough would provide sand to the City of Kenai if the City of Kenai would agree to the extension. At the regular Kenai City Council meeting of September 16, the proposal was made to the Council and the Council agreed they would consent to a six month extension on the present landfill site in return for the Borough providing up to 15,000 C.Y. of sand to the City of Kenai'. It appears the City's need for sand will not approach the figure discussed, but nevertheless, the agreement resolves a serious problem for the Borough and at the same time resolves a serious problem for the City of Kenai. It is this kind of cooperation and inter -governmental relationship that permits smooth and''manageable operations of local governments within the Kenai Peninsula. The City and the City Council is appreciative of the cooperation. Sincerely, Wm. J. Bri�bn City Manager -WJB/dQ - - t,.` i�G�f��o a 4 ,goo,• cc: Mr. Stan Thompson, Mayor r� C: a f. • Suggested by: Administration CITY OF KENAI RESOLUTION NO. 66-71 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA SUPPORTING THE REQUEST OF THE KENAI PENINSULA BOROUGH TO EXTEND THE LANDFILL PERMIT GRANTED BY THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION BY 16 MONTHS AND ADDITIONAL EXPANSION OF THE PRESENT SITE BY 300' x 1,0001. WHEREAS, at the present time the Kenai Peninsula Borough hoe solid waste powers for the Kenai Peninsula Borough and has no available site to continue the process of disposing of solid waste, and WHEREAS# an emergency exists !.o continue use of the present site until such time as a new location has been identified and permitted, and WHEREAS, the Kenai City Council does not went to inconvenience or create hardship upon local citizen's health, welfare or safety, and WHEREAS,.the City wants to cooperate within reason by helping the Borough meet it's obligation. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA THAT THE KENAI PENINSULA BOROUGH BE PERMITTED TO CONTINUE THE PRESENT LANDFILL SITE FOR A PERIOD OF 18 MONTHS AND FURTHER, THAT THE BOROUGH IS GRANTED PERMISSION TO EXPAND THE PRESENT SITE BY 300' x 1,000' FOR THE BENEFIT OF THE CITIZENS HEALTH AND WELFARE. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 16th day of July, 1986. ,om Regonerr Ma or ATTEST: et whe an, City Clark i C� CITY OF KENAI ,.ed ea, a/ 4"., TELE`PMONdAI "In Zq.�ddd June 23, 1986 Mayor Stan Thompson Kenai Peninsula Borough P. 0. Box 850 Soldotne, Alaska 99669 . RE: Kenai Peninsula Borough Landfill Inside the City of Kenai Dear Mayor Thompson, The City Council at it•a regular meeting on June 18, directed the City Administration to provide the following information to represent atIV.&I of the.Kenai Peninsula Borough: I. The City is interested in working with the'Bal 18 DEC to acquire a temporeey use permit rough and for an additiona' Bile by 300• x 1�000•. months on the existing site and permit expanding of the present .. 2. The 18-month extenaion be with the condition the . acquire a new site prior to the expiration of 18 months. Borough f a new i site is located prior to the expiration of 18 months, the site be closed as soon as the new site is acquired. present 3. That if the additional area fills prioe•to the expiration of the 18-month extension the landfill will be closed Immediately. 4. The area to be used for expansion, i.e. 300• x 1,000, area, be platted and that the Borough identify what will be in the landfill and what will be excluded. S. Get a redevelopment plan of the land that is contaminated. _ Sincerely, - --- - - Wm. J. BA�Ol City Manager cc: Kevin Fenner .. Sam Best kh a, J C C UVAI PENINSULA BOROUGH 144 N. BINKLEY • SOLDOTNA, ALASKA 99669 PHONE (907) 282.4441 DON GILMAN MAYOR November 17, 1987 Mr. William J. Brighton, City Manager City of Kenai 210 Fidalgo Kenai, Alaska 99611 Dear Mr. Brighton Res Kenai Landfill I am proceeding with a Resolution and Memorandum before' the Assembly for the operation of the Kenai Landfill to November 30, 1988. Before I do, I wish to clarify the dates of the extension. If you have any concerns please so advise. This is the order as I see it from the documentation: 1. Solid Waste Permit expired December 1, 1986. 2. Council passed Resolution 86-71 extending the permit date by 18 months. 3. Solid Waste permit extended to May 31, 1988. 4. The Council agreed at its September 16, 1987 meeting to a six month time extension. This places the closure date at November 30, 1988. As a matter of information to you, Resolution 86-71 allowed for the expansion of the site by 300' X 1000 feet. The Borough has excavated only one cell and expanded the site by 150' X 10001. sincerely, William J onyetla Borough ineer WJC/amf cc: Mayor Gilman I' �tMMB�lt�I I Clarence Ladd P.O. Box 1404 Kenai, Alaska 99611 May 9. 1988 - — Mr. William Brighton Manager of City of Kenai �'c+��,Q�G►c;`tt �'•�y 210 gidalgow Kenai. Alaska 99611 Dear Mr. Brighton. j !if� ?x; It is requested that I be supplied with a copy of the inspection �' `"''' • ' .' _ report that was done of the Carpenter Ship located in the Senior Citizens Center located in Kenai. Alaska. I also request the time and date of the inspection. and the name and qualifications of the person or persons conducting the inspection. We would also like to be informed in writing as to why the Senior Citizens were not notified in writing as to when the inspection was to be conducted. fi If the inspection was held prior to April 20. 1988, why was this matter not placed on the agenda to be discussed by the Kenai City Council `•ti. Members at the meeting that was held April 20. 1988 at the Kenai City Hall. ?�7 Kenai. Alaska? Please reply by May 13, 1988. Thank you. ly. Boa Y'�. e Ladd F Clarence Ladd P.O. Box 1404 Kenai, Alaska 99669 May 9, 1988 Mayor John Williams Members of the Kenai City Council I am sure that all of you sitting on the Council, as well as, persons present, would like to have what they feel is best for the Senior Citizens. However. not one of us have the knowledge of a physician or the training of a Geriatrician, so we must rely on those who know what is best for our Senior Citizens to make decisions for us. We were told, and it has been written, that as we grow older we are Vitally in used of things that occupy our minds and things that keep our bodies in shape. We were also told that we all face these problems as we grow older. That none of us will escape these problems if we live long enough. This is why we feel so strongly about keeping the Carpenter Shop open. Incidently. the Carpenter Shop is really a Hobby and Woodworking Shop. Many eases, other than woodwork are performed there. All elderly folk feel that they must be productive. needed, loved, wanted, and useful. A lot of these give the elderly a reason for living. The Senior Citizens must not be made to feel that they have outlived their usefulness. I know the feeling, as do most Seniors. We sincerely hope that when the Members of the Council reach their golden years, that this will not happen to them. Our Senior Citizen Center was built to take care of the needs of the elderly. The Woodworking, Hobby Shop, fulfills some of these needs. Can we, In all honesty, take away the Woodworking, Hobby shop that fills such a vital need? What can it be substituted for? As to your needful concern about the safety of -the Hobby Shop, we* as well as the City Council are concerned. We also feel that in order to use the electrical equipment, some supervision is needed. We have qualified per- sonnel who are Senior Citizens and are well qualified to perform this duty. Sinc rely, Clarence Ladd C- , IN 0 KENAI CITY COUNCIL MAY 4, 1988 PAGE 20 are not with the canneries. His vacancy rate is lower than last year. c. Councilwoman Monfor noted the Senate passed $40 Million for municipal assistance and revenue sharing. Mayor Williams explained, what killed the Railbelt fund was $8 Million for education fund. di-07CO-Uhcilwoman Swarner asked if Council was to vote on the wood shop. Mayor Williams replied we do not have enough information to decide. Councilwoman Swarner noted the Council on Aging and the senior citizens voted to close it. Mayor Williams said it may not be in front of Council in the immediate future. Atty. Rogers said the facility is not operating at this time. Till some action is taken, the status quo will be maintained. K. ADJOURNMENT Meeting adjourned at 11:35 PM. aol� Janet Ruotsala f^� City Clerk �M, HI r-- CITY OF =NAI KENAI SENIOR SERVICES 361 SENIOR COURT KENAI, ALASKA 99611 (907) 204156 May 3, 1988 Mayor John Williams City of Kenai �o�c;;:,G, 210 Fidalgo Street Kenai, Alaska 99611 `�4., `'E'�, ;•� Dear Mayor Williams, At our recent Council on Aging meeting, the board considered the issues involving the possible woodshop closure. It is the recommendation of this board to close the woodshop immediately for other use. S�lvia Johnson, President Mayor's Council on Aging 11, ♦•• Y• IM VY MII •{f i�1111{Y I�GIQN •MAY 03•'89-- i'+ - fCIC N t P.2 P.O, 80� C•o0040 (�0�0) 46{•�7000000 ,! May 1, 1988 • Walters A Olson, Inc. P.0. Box 70 Kenai, AK attnt Kurt Olson trams John Pendergrass 8e9ttls Regional National Accounts rot Qits. e0 KsnA Dear Kurt$ You and I have had several, discussions reSarding the City recently. I would like to address a problem with the shop' in the 6enior Center. As I understand it, the City provides this facility for community seniors. Part of the Center is a 'woodshop', available for in- dividuals to use. As you know, even an adequately supervised aoodshop is an underwriting concern. In this case, however, you have mentioned several areas that lead me to believe we have a serious life safety hazard. I refer specifically to these pointst to Lack of adequate supervision. Apparently there is no one who is assigned to specifically monitor this area, just Center personnel who are Also assigned other duties. S. Lack of safety and equipment training. I gather that the insured has no program to make sure that all individuals who use the . equipment have been properly trained in its use, nor do they train In adequate safety precautions.. 3. Equipment maintenance / lack of Appropriate machine guarding. You say that many of the machines have had their safety guards removed, or that the equipment has been otherwise altered. Obviously.this Poses phenomenal problems with potential liability. Kurt, I am sure you are aware of the dangers inherent in 'shop' operations of all kinds. The problems above make this part of the operation unacceptable from any underwriting perspective. I would ask that you discuss this with the insured, and either get a commitment to correct the deficiencies above, or to stop offering this 'service' to their seniors. (It will definitely NOT be a 'service' when someone Is seriously injured due to the Above), Due -to-the serious nature of this hazard, i would apprec;ate-a ----- - deaision from the insured ASAP. Could I hear from you by the and of this week (0 8-6) ?_ Many thanks for your help... - John Pendergrass (206) 681.3721 in S I E I r-- i • ,�, CITY OF KENAI vd cap" AMR — MEMORANDUM TO: Mayor Williams FROM: Janet Loper, Planning Specialist DATE: April 25, 1988 RE: Senior Citizen Center Survey Per your request this date a survey has been run of Senior Centers throughout a wide variety of locations of the State. The questions asked these centers were concerning a wood shop and related activities. WASSILLA Walt Harris, Director Wassilla is currently just beginning Senior acivities. A small garage (301x361) is on the property and one corner is being converted to a woodworking shop. Small power hand tools have been donated by an interested member and that member teaches and supervises activities. There is one staff person who devotes two hours per day to those interested. ANCHORAGE SENIOR CENTER Betsy Graser, Director The Center has a carpenter shop that was built mostly through donations. There are several types of tools, mostly the small, power, hand variety. At one time there was a person funded who, as part,of his duties, would oversee -and -supervise -the shop. Since the funding stopped and -the --- -- person is no longer available, activities have diminished for several C, reasons. L 1 { t:. I ANCHORAGE SENIOR CENTER (cont'd) One; the funded person kept an interest going by holding classes and coordinating sale of items made in the shop. Two; insurance has made it more difficult. New rules state that a "buddy system" be in order, i.e., no less than two persons can use the shop at one time. Three; there are other sources of supervised wood working activities and it was found that these alternatives would be cheaper and be less of a liability to -;,the Center. Sources: Community schools, some high schools, college extension courses. on a scale of i - 10 with 10 being the best, the Anchorage Center rates its shop at 4 as far as being of benefit to the Center overall. When a staff person was available, craft items were being sold in the gift shop, donated small wood items to charitable organizations, toys at Christmas, plus the classes themselves. Nrs. Graver recommended contact with the Anchorage Pioneer Home as they do have a carpenter shop. ANCHORAGE PIONEER HOME SITKA PIONEER HOME Roberly Waldron, Director Mrs. Waldron is formerly from Sitka and worked as Director at the Sitka Pioneer Home also. The following comments pertain to both Homes. The Sitka and Anchorage woodworking shops have been closed due to lack of use. During the operation, small power and hand tools were used by supervisory personnel. Both Anchorage and Sitka have shops which are for the purpose of maintenance of the building and the staff persons have been responsive in assisting in larger woodworking projects. Other, smaller projects are now being done through the Anchorage community college programs. Mrs. Waldron suggested setting up a measure of usage by setting a specific time range. It would be easier to determine if perhaps the Council were to say, we will see how much the shop is used over the next (2, 3, whatever) months. This system was used in both Anchorage and Sitka where the statistics compiled were a more visable proof of whether or not to close the shop. In both cases, there was a verbal group desiring to keep it open, however, they admitted to a personal non -interest. E e FM- FAIRBANKS Dottie Anglund, Director There is no carpenter shop nor is one proposed. There was a survey conducted as to interest, and there was none or not enough to warrant the added space and expense. Some of the problems discussed was the liability and lack of supervisory personnel. She said they found that their insurance company would not cover the shop unless a paid staff person were available at all times of usage. JUNEAU City & Borough of Juneau & Dept. of Health & Social Services There is no Center per se in Juneau. There are two residential, nursing type facilities in Juneau, neither has a woodworking type activity. All activities are carried on through the schools. 1 fJ April 24, 1988 April twenty first on the foyer of the senior citizen center at Kenai, Alaska; Mr. Ladd was accosted by Mrs. Betty Warren. At which time she called Mr. Ladd a foul name. At the same time Mrs. Sylvia Johnson stepped in and also called Mr. Ladd a foul name. bars. Johnson also used her purse in a threatening manner. Mr. Ladd needed to step aside in order to protect himself from bodily harm. Must Mr. Ladd be subject to this sort of treatment by those who think that they have the power to intimidate; just because Mr. Ladd is exercising his constitutional rights. I realize that when Mr. Ladd is speaking he is inclined to reiterate and go into infinate details. This habit can become tLresome to those who need to listen. However, we cannot deny Mr. Ladds sincerity or what he wishes to accomplish for the benefit of all senior citizens. Sincerely 1 f J i Clarence Ladd P.B. Box r404 j Kenai, Ak. 99611 April 24, L988 f The Honorable Mayor John Williams )` Mayor of the City of Kenai Alaska l t, Dear Mr. Mayor: At the council meeting held at the City Hall on April 21, 1988 we understood you to say that the carpenter shop was to remain open until further study couffd be made. Never the less on - Thursday morning April the 229 %988 the carpenter shop was closed and locked. This aotion was taken by Mrs. Pat Porter, the director of the Kenai citizens center. Did Mrs Porter or did have the right to confiscate our personal proper.0 we misunderstand your mandate? We would also like to dispute what was said about the safety of the carpenter shop Inclosed please find a statement made by Mr. Leonard rfta jjtOtee tkta ,� i waap IN. wearing the modern lenses that are now beinlb used in eye glasses one does not need to wear goggles. The modern lenses, '.are goggles, are made to deflect missiles. Mr. &Zia has been sn instructor of the woodworking shop for the Kenai Community College.`, We would also like to draw your attention to the picture Of.the gentleman standing at the machine. At the time the picture was taken the machine was not in operation. This is a posed photograph. We have been in contact with O.S.H.A, and were assured that if the carpenter shop were not safe in evorryy wayy, neither the seniors or the city employees would be permitted to use it. I We were also assured by O.S.H.A. that any organization accepting k government grants, must comply by government rules. One such rule is that any one who is not impaired with a mental handicap must be permitted to work in a woodworking shopt. If the shop is being accused by some of being unsafe, or if sbmpone is accused of being mentally handicaped; the accusers must put their aceuations in writing and present them to a panel of experts who are empowered to have the accusers prove their accuations. Por proof of the above statement q you may contact O.3.H.A. safety standards and ask to speak to either Mr. Tom Spencer or Mr. Stan Godson. These gentlemen may be contacted by phone by calling Anchorage. Their telephone number is 1-264-2597. We also inquired about the ineurence coverage of the Senior Center -building, -We were told that -at -the time the - building was --____-- accepted by the safety inspectors that it passed all safety standards, including the carpenter . shop._ At thvit time can insurance policy ahoulci have been issued covering all persons using the facility. 1 S� . s• t ., We were also informed that any person, senior or otherwise oouldact as supervisor in the carpenter shop, if he or she were a qualified woodworker, t the risk of being petty; Mrs. Porter contacted some of he signers of our petition and was informed that Mrs. Zee lied when she told them that the carpenter shop was going to be used for storage. The petitioners had only to go by what Mrs. Porter had told them. The gact that Mrs. Porter changed her mind from storage to T-V room, to smoking room, to the safety of the carpenter shop was known only after our petitions were circulated. Fely Sine ��14;Cti A .Clarence Ladd 7 J }a r- ReOv"ITMO 74- bC4AA&"%j 4f COX." �'r,4 rI- _ _L ov MOA, W-v 4&, , lk� t"Y , W044CZ4d ga 5 1 i� Srro[doinaa vehea[yyyeLic ONNIRIIL MIDICINIL SiURGaRK cGamlllCa 35251 NBNAI SPUR ROAD SOLDOTNA, ALASKA VAN tauRNONa o►►ICC. 262.5115 "OMNI 262.4"3 April 21, 1988 TO WHOM IT MAY CONCERN: I would highly recommend and endorse the carpenter's workshop for the Senior Citizens to use. Yours sincerely, ,� ;4, e4� Elmer E. Gaede, M.D. Box 353 Kenai, Alaska 99611 April 21, 1988 To Whom it may concern: As a former Uasked for High School Woodshop teacher, I was an OP - - - - regarding . it ing use of safety glasses in a woodshoP - was my policy that the students wear plastic safety glasses or regular prescription glasses that were safety hardened. In my opinion either or TonesS SnOUIC provide-131- Inard M. Ea • hp Ins at or Woods t ator Kenai Central High School L A 4eaffl OR>7. Ke&A; -4 �c a j /�� 9 F, ill r-- 1 N I srsr KENAI CITY COUNCIL APRIL 20, 1988 PAGE 3 1/3 advertising, 2/3 entertainment. Councilwoman Swarner asked if the Airport Comm. had discussed this. Airport Manager Ernst replied it was brought to the Commission at a work session. Councilwomen Swarner said she would like to give it to the Airport Commission, this type of proposal in general. Mayor Williams suggested they discuss some type of stop-go system when it is necessary. Council agreed to refer this to the Airport Comm. ...� 8-3 Clarence Ladd - Proposal to Close Senior Center Carpenter Shop i Additional Vehicle Parking Clarence Ladd, Kenai. Mr. Ladd distributed material. Parking area. The space is inadequate, the south side would be best for enlarging. He and Glenn Jackson have offered material and labor if the City furnishes gravel. Workshop. Safety has been a concern. it has been in operation for 5-6 years without an accident. It should be used only by qualified persons. Many tasks are being done in the shop without electric equipment, for repair more than any other reason. The pictures show both men and women keep busy there, that is vital to their well being. Repair work that has been done at the Center has been done by them. The director ordered material to repair chairs. it need windows and ventilation for a smoking room. Why dismantle when we already have it? He asked to have his pictures returned. it is his desire that the shop be kept open. There are many seniors here this date. Councilwoman Swarner asked, what is the City liability? Atty. Rogers replied, he met with Kurt Olson and reviewed it. The liability of the City is extensive. The reasons area there is safety equipment, it is not always used. There is equipment on the machines dependent on operators. There is no supervision by an employee of the City other than Program Director Porter. She is not qualified nor does she have the time to supervise. There is no training by City employees for their use. There has not been a critique by engineers, there will be if the shop stays open. it will be reflected is our insurance premium. The premium would go up if there was an accident. The senior citizens would not be covered by workmen's compensation. It was put to a vote, it was not overwhelming but was voted to close. Councilwoman Monfor noted, in the pictures there is a list of workshop rules. it has to have a permit of instructions, there are none. It also says they must use goggles, the picture shows no goggles. Councilwoman O'Reilly asked, how many seniors use the shop on a regular basis? Mr. Ladd replied, in the last few months, there is steady use. The shop is used without electric equipment. Many people are using it the same as the craft room, electricity is in there with a kiln, they could be hurt there. Councilwoman O'Reilly noted the rules are posted. is there anything to prevent someone using them that knows nothing about -the equipment? -Mr. Ladd replied -no; they - should -not be used without supervision. He suggested the plugs should be pulled when not in use. we can do much there without -using -electric equipment. There are 50-60- - people in the community that are willing to keep it open. in most cases they do not use electric equipment. Councilwoman Monfor asked, what if we let it open and took out the electric equipment? Mr. Ladd AMR i KENAI CITY COUNCIL APRIL 20, 1988 PAGE 4 said he would feel bad. There are qualified people for that use it. He suggested two people at one time safety. The City employees can use it also. It belongs to the City. Betty Warren, Box 116, Kenai- She did not want to 980 tt closed either. The vote was 44 to open, 54 to close. There are mitigating circumstances now. She is Concerned about safety. There are People who are visually and physically impaired that use it. It in used very little. it cost $150 sq. ft. to make on addition. We are bulging. The wood shop in being used for craft people. We do not want to take out those things. Perhaps people that do not use the senior center signed under the 44 votes. She did not think Mr. Ladd should go to business YeOPIG in the City. None of those people have a right to say how we operate our center. We have had volunteers numerous times going to the shop to help and no one showed up. She agreed with Mr. Ladd regarding the parking. City Manager Brighton asked if Council an Aging had taken a position on this. Mrs. Warren replied, they voted an it. it was in the April newsletter. They had a vote for one weak. Councilwoman Monfor asked, did Mrs. Warren think the seniors would be willing to pay the liability insurance to keep the shop open? Mrs. Warren asked, all the seniors or those that use it? Councilwoman Monfor replied, either. Mrs. Warren replied, they cannot afford it. Mayor Williams requested the Council on Aging submit 4 formal report and the insurance company submit a report on liability. Then council will make a decision. Lady s Liability insurance would be on 5-8 people, not go people. chances of an accident with that many people would be less. B-4 Jason Elson & Scott Walden - Alaska State Firefighters Convention Jason Eloon. The Kenai peninsula Chapter will host the 1986 Firefighters and Fire Chiefs Aeon. meeting. It is the legislative arm for the fire services. They support legislation, there 800+ members - Paid and volunteer. There are too members in the Fire ChLofs Assn. Kenai is the Youngest,, approximately 26 years. 143 members Peninsula -wide, including Homer, Seward, Soldotna, Kenai, Anchor Point, Nikiski. The purpose of the conference is: a) on -going legislation, and b) training sessions. The theme is Firefighter Safety. They will promote tourism with this. He has asked the firefighters to visit the Kenai Peninsula before or after the meeting. They will transport them to other areas of the Peninsula during the session. The support has been overwhelming. They have the support of the Kenai Peninsula caucus and the Chambers of Commerce. Scott Walden. Three years ago they submitted an application for hosting the meetings. it was granted to the Peninsula. They had a Peninsula meeting a year ago to bid on the _area. 1t-was asecret ballot, Kenai was unanimous. The Main reason was access -41r and road. it will be at the KCHS auditorium. They will have many vendors. -The conference has traditionally been at one site. Many people in the State have not have training been to the Peninsula. They will throughout the Peninsula, with bus service. They expect 1/3 of the total membership. They are planning tj� 14' I i H-,2 117{ N tilt.-�_RI� i 9li�i 4I9.N-1 l�i nl A a IMP L Suggested By: Administration CITY Of RENAL ORDINANC3 1260-80 ,77 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE KENAI MUNICIPAL CODE, CHAPTER 23.55.010, ENTITLED EXEMPT SALARIES, 80 AS TO ALLOW THE KENAI CITY COUNCIL HAVE THE DISCRETION TO ESTABLISH SALARIES OF EXEMPT EMPLOYEES. WHEREAS, KMC 23.55.010 provides that salaries for exempt salaries be negotiated between those employees and the Council; and, k WHEREAS, KMC 23.55.010 provides that these salaries may be set by motion of the Council; and, WHEREAS, the present KMC 23.55.010 restricts the City Council in establishing minimum and maximum salaries for exempt employees; and, WHEREAS, KMC 23.55.010 conflicts with Council's desire relevant to salaries anticipated to be set for exempt employees. NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, KMC 23.55.010 is amended as follows: 23.55.010 Exem2t-SalAries: Salaries of City Manager, City Attorney, and City Clerk shall be negotiated by the Council (or by a committee ind approved by the Council) and may be set by motion of Council. (THE SALARIES OF THESE INDIVIDUALS SHALL BE WITHIN THE FOLLOWING RANGES: CITY MANAGER $55,000 TO $75,000 CITY ATTORNEY $50,000 To $70,000 CITY CLERK $35,000 To $45,000 THESE SALARIES SHALL BE IN ADDITION TO THE CUSTOMARY BENEFITS PROVIDED FOR THE POSITIONS. THESE SALARIES SHALL BE APPLICABLE FOR FISCAL YEARS FOR WHICH EMPLOYMENT CONTRACTS ARE NOT IN EFFECT AT THE EFFECTIVE DATE OF THIS ORDINANCE.) I PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this first day of June, 1988. JOHN J. WILLIAMS, MAYOR Janet Ruotsala, City Clerk First Reading: May 18, 1988 Second Reading: June 1, 1988 Effective Date: July 1, 1988 << - 3 Suggested by: Administration City of Kenai ORDINANCE 90. 1261-88 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $926, IN THE 1987-88 SENIOR DAY CARE FUND. WHEREAS, the City has received an additional $676 in Senior Day Care donations which have not been appropriated, and WHEREAS, the City expects to receive and additional $250 in donations during the months of May and June, 1988, and WHEREAS, the Senior Day Care Coordinator has asked that this money be appropriated for the purchase of program supplies. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: Senior Day Care Increase Estimated Revenues: Donations $926 Increase Appropriations: Operating Supplies $926 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 1st day of June, 1988. JOHN J. WILLIAMS, MAYOR ATTEST: Janet Ruotsala, City Clerk First Reading: May 18, 1988 Second Reading: June 1, 1988 Effective Date: -June 1, 198B Approved by Finance: .. CC914 (5/9/88) L L- -o. . f t rt r Suggested by: Administration City of Kenai ORDINANCE 00. 1262-88 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $3,821, IN THE 1987-88 SENIOR CITIZENS - TITLE III FUND. WHEREAS, the City has received an additional $1,721 in Kenai Senior Citizens - Title III donations which has not been appropriated, and WHEREAS, the City expects to receive an additional $2,100 in donations during the months of May and June, 1988, and WHEREAS, the Project Director has asked that this money be appropriated for the purchase of food supplies. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: Kenai Senior Citizens - Title III Increase Estimated Revenues: Donations - Meals $3,821 Increase Appropriations: Congregate Meals: Operating Supplies $3,056 Home Delivered Meals: Operating Supplies $ 765 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this lot day of June, 1988. JOHN J. WILLIAMS, MAYOR ATTEST: Janet Ruotsala, City Clerk First Reading: May 18, 1988 Second Reading: June 1, 1988 Effective Date: June 1, 1988 Approved by Finance: 694 (5/10/88) Y Suggested by: City Council CITY OF KENAI ORDINANCE 1263-88 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA REPLACING THE TABLES REFERRED TO IN THE PERSONNEL REGULATIONS (TITLE 23) TO ESTABLISH A NEW SALARY STRUCTURE BY GRADE AND NEW HOURLY RATES FOR PART-TIME EMPLOYEES. WHEREAS, the Personnel Ordinance KMC 23.55.020(a) and 23.55.050, specifies that the tables establishing salary structure by grade and hourly rates for part-time employees may be replaced by ordinance, and; WHEREAS, due to inflation occurring over the last three years, it appears equitable that the salary structure by grade be increased by 4%, and that the hourly rates for part-time employees be increased by 4%. NOW THEREFORE BE IT ORDAINED BY THE -COUNCIL OF THE CITY OF KENAI, ALASKA, that the attached tables identified as "Salary Structure by Grade" and "Part -Time Hourly Rates" replace those corresponding tables that presently appear in the Personnel Ordinance which establish salary structure by grade and hourly rates for part-time employees. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 1st day of June, 1988 OHN J. WILLIAMS, MAYOR ?irst Reading: May 18, 1988 Second Reading: June 1, 198V affective Date: July 1, 1988 I r, J n ^I almaV*Imr ��c.4Maoor.MNo�or•M�naoo�N d •4d.7N1Mh�DIMw40%�C,•1Cr0OD4 r•l1►MM 1f►NIrIM�DO�MOpMC��OdMNM1nMr10�OM 00 d(�;d 1n �phQ�ONh M1n0A 4M1n1, 0NU100p .JIB N N N N N M M M M M M d d d d 1n V1 tM In �9 0 0 �OhOp1�M�0dN0pMOGoAN0 dM•d'C�Od001A0r } NOD�coaM1►�-+�ONO�DsddIn00Ain•AC�1+h0+ • w • w• w w w w w► w w 4r0 M� �Oh000�AMd100; GN.4r�DC+r1d�OC�NLM { 94nI44NNNNMM0%MMM dd.7d d1n1Minin%a%D NN..70 M inN00N1►OON 1%N oh00^11%MODr+0 Opr•/M0�000Ndc0N Nh1Mr100r0%M0%MNC4 { van AN01%•4toOu9.4!00IMof%000OdO0d N1In • 10M�11n�DODO�rAN CO r1d rl N N N N N N M M M M M M d d d d 1n 1M Y'1 1M %0 �0 0000w4440&404N d00M,N 4s04"m4Nshlrf 1kinM�0d r1pMdMr4lnrAuf �1nO�OD00 MNN e �p.r �phC�r11M CrM00 d r10ph�D�00pOa'laDdr'A O� �� ��•I N�NNNNI�MM!MrllA 1p�f W4-it 4.00 0 0^ a0 .00+40.01MhM O1�OOC� r400d 1%Vol 0in�p01Cn+r'Ar400 MO in !^rf^NNM�DOO+N�OfMi oMOOOn�000N1%NGo NN► w • w w • w w w 07 Ir11nN�•01M'a GoC»N.T �DhC��Mti00pOM1M 00+°A r4r1 N NNNNNMMMM4"m.6 %T IMIM 1M0 QOy��p�ufN,D,D,.00001nNwmg, 0N0a00 C%N h�TNOdM0•400M40•'4CN%WNf40 0NoN%Dw4 Q@10h000N�DC�d 0ONOMP-00-,Mao MM q Mtn .gNM&Y%Oh000."4MIAIDMOC44Nc%c4 N rArINNNNNNNMMMMMMJd�T d+1in0 in�D gn 4 m C� u'f 0� CD tm ? �G00N1%00W1,%0.44401%0rM4NN0 M1-1 I�0r4*4Nd a%MI%.NN1r1F4C%a)000T0.6OOM 0Ci w w • • • rN•1inN NNNNNNNMMMMMM�Td S�Q1M1M 1MIM W �ONM1nMNNMMr1�D Th1� s1�N�0OnM00 O� �ON000 Moa40inN00D wo aN%D0 Nin i • • • . • w • • w w goNd0 •ANMVl�C1�C�0�'4MNh000S _ �•I N N N N N N N N N M M M M M M d ODM�D N0�0Cn OdhCr0000AQ+00r�NMC�1+0 A00 --.--------- , _ -- in 1Q M N 1�� r1- V1_ rl M r4 � •� � C4 �0 m M 1+ N N_ 0% OD OD 0 r1 -a CR '•A h4 • NdO rNM.71AC4 N C4InmMI MOTs M�000O MtO N N N M M M .7 IM IM 1A O >+ O.�NMd1M1-.00 mOr1N Md jay r'INM d1M0h OD 0hv"I9.4 V4 V"40.4rm'"4 r""4 r4NNN NN 2 pr m C% co N In C+Nd%D Fy. E+ ,ANM?111�p1; 000� F ' f Suggested by: Administration • 'II CITY OF KENAI ORDINANCE 1264-88 j AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA ADOPTING THE ANNUAL BUDGET FOR THE FISCAL YEAR COMMENCING JULY 1, 1988, AND ENDING JUNE 30, 1989. WHEREAS, it is a requirement of the Code of the City of Kenai, Alaska, that the City Council, not later than the tenth day of June, adopt a -- - - budget for the following fiscal year and make appropriation of the 1 monies needed. " ( NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, 3 f ALASKA, as follows: • - _ Section 1: That certain document entitled "City of Kenai 1988-89 Annual Budget" which is available for examination by the public in the Office of the r City Clerk and is incorporated herein by reference, is hereby adopted ..1 as the budget for the City of Kenai for the fiscal year commencing July - 1, 1988 and ending June 30, 1989. Section 2: The following sums of money are hereby appropriated for the operations of the City of Kenai for the fiscal year commencing on the first day of July, 1988, and ending the 30th day June, 1989, to be expended consistent with and subject to the restrictions, procedures, and I purposes set forth in the Code of the City of Kenai and to be expended I ' substantially by line item in the manner shown in the budget adopted by ` Section 1 hereof: General Fund Operating Budget $5,703,364 Restricted Reserve - Capital Improvements 200,000 $5,903,364 • - -rr Boating'Facility Fund 95,146 ' Airport Terminal Fund 186,200 Water and Sewer.Fund 699,000 1 Airport Land System Fund 1,228,500 - Debt Service --Funds 828,000 -- senior Citizen Funds 354,768 _ i t • PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 1st day of June, 1988 Janet Ruotsala, City Clerk t Approved by Finance: e!94 i; (5/10/88) F. JOHN J. WILLIAMS, MAYOR First Reading: May 18, 1988 Second Reading: June 1, 1988 Effective Date: June 1, 1988 2 L `II r� AN E8 P an r- Suggested by: Airport Manager d WHE d W City of Kenai ORDINANCE no. ins -es ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING T WHE IMATED REVENUES AND APPROPRIATIONS BY $66,000, IN A NEW CAPITAL ROJECT FUND ENTITLED "RUNWAY/TAXIWAY OVERLAY". REAS, the City desires to design an asphalt overlay of the runway taxiways A,B, & C at the Kenai Municipal Airport, and REAS, design costs will be financed with Airport Land System monies, construction and inspection costs are expected to be financed imarily with A.I.P. (federal) funding. , THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as lIowa: Airport Land System Increase Estimated Revenues: Appropriation of fund Balance $66,000 Increase Appropriations: Transfer to Capital Project $66,000 Runway/Taxiway Overlay Increase Estimated Revenues: Transfer from Airport Land System $66,000 Increase Appropriations: Administration $ 2,000 Engineering Design 64,000 $66,000 1 L PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this let day of June, 1988. _a JOHN J. WILLIAMS, MAYOR ATTEST: a Janet Ruotsala, City Clerk �i { First Reading: May 18, 1988 Second Reading: June 1, 1988 Effective Date: June 1, 1988 Approved by Finance: qQ (5/12/88) 2 • CITY OF KENAI ted eapdw 4 44"a ! 210 PIDALAO KENAI, ALASKA 9 M1 TELEPHONE N1,1. me May 12, 1988 MEMORANDUM T0: Kenai City Council FROM: Randy Ernst, Airport Manager k1 Mr. Floyd Pattison, who is the manager of the Planning and Programming Branch for the Airports Division of the FAA (Alaska), has informed me that the City of Kenai has $352,191.00 of 1986 hold -over AIP funds that must come to grant prior to September 30, 1988 or risk losing those funds under the FAA's three-year maximum hold -over criteria. He also reminded me that hold -over funds for 1987 in the amount of $673,400.00 will need to be directed toward a project by January 1989. With this in mind, he and I discussed the impending need for an overlayment of the runway and taxiways and concluded that it might be good for the City of Kenai to consider a phased engineering and construction project to get this joL done. By phasing the overlayment project over the next 18 months, the City would make use of the 1986 hold -over funds and be able to combine the 1987 allocation of $673,400 and the 1988 allocation of $573,924 to complete the project. Jack LaShot, City Engineer, estimates the overlayment of "Alpha" and "Bravo" taxiways would cost approximately $360,000 which could be engineered and brought to bid by September (Phase 1). Phase II would be the overlayment of "Charlie" taxiway and the runway at an estimated cost of $1,225,000.00. Funding for the whole project would break out as follows: Hold -over 1986 $352,191 Phase I Hold -over 1987 673,400 Phase 11 Current 1988 573,924 Phase 1i (See attached letter from the FAA dated May 10, 1988) The only other project pending aside from the Airport ! Terminal renovation (which is not AIP fund eligible) is the land acquisition costs incurred during the condemnation A 7 r- proceedings on the 80 acres at the float plane facility site. The court has not as yet determined the amount the City should pay, therefore we cannot apply for AIP funds. I would request the City Council approve the attached appropriation of $66,000.00 to fund the design of both Phase I and Phase 11 over the overlayment project. RE/d9 Attachment I r- U Alaskan Region 701 C Street, Box 14 U.S. of Anchorage, Alaska IFedml Aviation 09513 A"nistolion 1213 Kay 109 1986 MAY11618 Kr. may Ernst$ Hamer Coi(A'.. Kozial "Adolpal Airport tm- ITY OF K.:N,-'.. 2110 FIC1040 Zonal, Alaaka'99611 9 z Dear Mr. Ernst$ In order to-olarify the current. AV funding status for the.,,. City... • or Kon"t the 941,16V134 information U provided - Carryover Carryover IT 1987 IT 1966 IT 1985 TOTAL Fiscal year 1987s Available funds OMWO $6249894 $395o128 414939422 IT 1987 Water Runway Project -272 703 -3959128 667*831 Balance It 1987 V0-73.400 V3527191 0 lgO25j591 Carryover -.carryover IT 1968 IT 1967 IT 1986 TOTAL Fiscal year 1988: Available funds 4573024 *673e400 $352*191 According to the Airport and Airway improvement Act of 1982 and the 1987 "ended IgNuagoo the third year funds of $352g191 will become inactive still oon"rt to nationwide discretionary funds an September 30t 1988* and unless obligated this tlsoaT-YeaV- z hops this information clarifies the funding status for the City of Zen". For further Information please do not hesitate to call Sylvia gobayaw, Program Specialist# 271-5445. sincerely$ Floyd H. Pattleon Nsnagorg Planning 8 Programing Branch Airports Division 19 OF R • ti ' �t RetweAt Atawonwmn.ntwA.wnw GarnesofChanoeand ConteebofSkill i VuWm9enkeeDMabn / PERMIT APPLICATION (' % Junaau.Atute�Glet FEES: fi20.00 due with applicat cant L of entire net proceeds due with Annual Financlar otawmeua s - Plow read the Instructions before completing this application, ;i i� ;AI ,•r l r e 1. NAME OF ORGANIZATION 4A. NEW APPLICATION Kenai Peninagla Perfossongl KaXtRage V= M Numberof Yeare Organization Mailing Address Has Been in Existence in Alaska: The following must be submitted with this application: 0 Current Alaska membership list (must haveat least City, State, Zip Code 25 members); t not 0Incor1edtroecopyofbylawsancles of incoional on,orie Incorporated. copy of bylaws and national and elate ATYPE OFORGANIZATION.(Checktheappropriate box. Refer to AS 05.1&210 and 15 AAC 105.010•.1W for definitions.) Chatters; 13 Municipality 0 Pbllee or Fire 0spartment O Copy of IRS certificate of tax exemption Issued to non. D Civic of Service and Company profit organizations, if applicable. O Dog MusheW Association Name and Mailing Address of National Organization (if applicable) O Religious O Charitable ❑ political 0 Non-profit Trade CI Fraternal �23aS67g94; Association ® Educational (3 Fishing Derby Association 40. RENEWAL APPLICATION ❑ Veterans 17 Outboard Motor Most Recent c" ° '• ��o D Labor Association Permit Number 97-664 ed: ":4494 e following must be submitted w ,jhle applice Ipji: " . 3. ORGANIZED AS. (Check the appropriate box.) ❑ Corporation ® Association O Partnership L:jCurrent Alaska membership list (mist aMdt! �1�at 25 members); I7 Firm O Company O Copy of amendments to bylaws, If any. S. LOCAL OFFICERS (must be current, bons fide members in good standing) - NAME TITLE DAYTIME TELEPHONE NUMBER Seep cola President _ 262-64S3 Patsy Nitzera Vice President 262-5709 Sharon Lewin Secretary 262-3986 Annyce Hannon _ __ ___ Trartsnrer 262-3986 a. TYPES OF GAMES TO BE CONDUCTED6 List types of games by common name if other than those listed. See AS.05.15.150, ARD5.15.210; 15 AAC 105410•.160. O a. Bingo (NOTE: Bingo M b. Raffles A Lotteries O f. Fish Derbies 0 (. Goose Classic games must not be held more than 9 occasions 0 a Pull4abs 17 g. Contests of Skill 0 k. Salmon Classic In a calendar month with no more than 35 O d. ice Classics O It. Rain Classics games per session or series of games) O a Dog Mushe W Contests O 1. MerouryClassic THE SPACE BELOW IS RESERVED FOR DEPARTMENTOF REVENUE USEONLY. Date of Receipt - ---------------- ------ - - Permit Number. - Date of issue: Financial Statement: O Yes ❑ No New O NOTICE GAMING ACTIVITIES MAY NOT BE CONDUCTED UNTIL THE PERMIT 18 ISSUED, i� 1". p 7. DEDICATION OF NET PROCEEDS Before a permit can be granted, the organization must plan to use the net proceeds for the awarding of prizes, and for political, educational, civic, public, charitable, patriotic or religious uses in Alaska. (See Instructions for specific rules on how proceeds can and cannot be spent.) In the space below, tell how your organization plane to use the net proceeds from the gaming activities. So apecifle. �T & ESTIMATEDYEARLY GROSS RECEIPTS $ 500.00 9A. PERSON IN CHARGE OF GAMES. This must be a bona fide and active member of the permlttee organization. The member In charge must be present during the conduct of each of the specified activities stated on the permit An alternate member may be designated to conduct the authorized activitleaduring the absence of the member In charge. PRIMARY MEMBER ALTERNATE MEMBER Name Title Name Title , nn ce Henson Treasure Sammie Cole Presedent Mailing address Mailing Address 361 V. Riverside Dr. P.O. Box 3906 City, State, Zip Code City, State, Zip Code Soldotna, Alaska 99669 Soldotna, Alaska 99669 _ Daytime Telephone Number Daytime Telephone Number 262-3986 262-6453 99 COMMERCIAL OPERATOR. It a commercial operator is employed to conduct the gaming activities, provide the following Information. Name of Commercial Operator Daytime Telephone Number of Premises Name o Premises (where games will be conducted) Street Address of Premises 10. THESE QUESTIONS MUST BE ANSWERED. Yes No ❑ ® A. Has any person listed in 9A or 98 above ever been convicted of a felony or gambling misdemeanor? ❑ ® B. Will any person listed in 9A or 98 above receive compensation of any kind from the receipts of the gaming activities? 11. Whet Is the HOURLY wage to be paid to workers operating the games? s i 1A per hour (NOTE: Only up to so.8S per hour maybe claimed as an authorized wage expense on the Annual Financial Statement.) IL SIGNATURE OF TWO OFFICERS 18 REQUIRED. We certify under penalty of perjury that to the best of our knowledge and belief all the Information on this application, Including any at. tachments, is true. correct and complete. We understand that any false statement made on this application Is punishable by law. We fun that certify that we have delivered two copies of this application to Ipe serest city or borough office for review A. 8V (J,& I& CITY OR BOROUGH RESPONSE TO APPLICATION. Vivo copies of this application u be subm tt o the city OfborOugh nearest to -the location of the proposed gaming activities. To speed processing, please have ppropriate localgovernment official Indlcateby - signature below, the community's approval of or objection to the permit. CAUTION: If this section is not completed, the permit will be delayed 18 days to allow the city or borough time to respond to this application. YES NO C THIS APPLICATION HAS LOCAL GOVERNMENT APPROVAL: ® ❑ (Attach explanation of objection to issuance of the requested permit.) sip tool toc000vernrnentolficial Title Oats PnntedName otParson wn oneNa V THIS APPLICATION IS PUNISHABLE BY LAW. L r- CITY OF KENAI "D�l G�a�lial °� Alm" MO F OMM $MAI, ALASKA Hitt Tll etMl 120•M5 F6R COUftC*I. MEtlll.w OF �+.-Q WcY (AIG ---© AMM MEMORANDUM ��ue11e Works --.-p City e1aR -IMbul M Submitted TO: WM. J. BRIGHTON, CITY MANAGER %us aK ON` QYM FROM: KEITH KORNELIS, PUBLIC WORKS DIRECTOR DATE: MAY 12, 1988 SUBJECT: WHITNEY FOODS LEASE AGREEMENT FOR DOCK STATION NO. 2 Attached is a letter from Bruce Mitchell, Vice -President Operations for Whitney Foods and a credit relationship for Whitney Foods. Whitney Foods is a large corporation and they do not want to have anyone sign individually on the lease. The City has received $14,530.00 as the first payment on this lease. They will be making additional payments as follows: June 15, 1988 $10,020.00 July 1, 1988 10,020.00 July 15, 1988 15,030.00 As you can see, we will be receiving most of our money prior to the peak of the season. If Whitney Foods does not make their payment on time, we will not allow them to operate on the City dock. This is a year to year lease with options to renew. The Public Works Department recommends that the City Council KH/kh -DEFT\HARBOR\WAXVER.MEM 7 1 WHITNEY FOODS � A DIVISION OF KYOKUYO U.S.A.. INC. May 9, 1988 Keith Kornelis Director Public Works 210 Fidalgo Kenai, Alaska 99611 Kei th, Enclosed are your two signed leases. Please return a completely signed copy to us for our records. We have instructed our broker to meet the City's insurance requirements and send you copies of the endorsements. Additionally, we have enclosed credit information for your review. Whitney Foods does not encourage employees to sign leases or agreements as individuals. Please make a note to the lease or your records that any written notices should be sent to: Whitney Foods and Whitney Foods P.O. Box 190429 200 W. Harrison Plaza Anchorage, Alaska South Tower, Suite 350 99519-0429 Seattle, Washington 98119 Look forward to an exciting fishing season. Respectively, Bruce 1. Mitchell Vice President Operations Enclosures cc: H. Arai - President Al Craig - Controller w111:Ni7/1rOM 100WESTMARRIGO14 PLAZA. SOUTH TOWER. SEATTLEWASHINGTON08119 TELEPNONS0081281.1282 TELEFAX1208)251-1265 TELEX IBM dd' P.O. SOX 106420. ANCHORAGE. ALASKA 008100M TELEPHONE 1007) 200811 TELEPAX 0107) 24MIS h 6 f` {j i' SL i 4 5 N,1. .., 1. 1„ WHITNEY FOODS A DIVISION OF KYOKUYO U.S.A., INC. March 1, 1988 TO ALL INTERESTED PARTIES: In updating our credit relationships. Whitney Foods wishes to provide the following f information: President. Hiroshi Arai Fed. Tax I.D.: 91-0877331 Vice President: Bruce Mitchell Tax Exempt I.D.: C600-069292 Vice President. Ken Halvorsen Annual Sates: 50 million ` -- - Treasurer: Allan Craig Principal Banks: Trade References: Rainier National Bank Northern Air Cargo Seattle -Tacoma Box Co. Int' 1 Banking Center 3900 W. Int' 1 Airport Rd. 23400 71st Pl . S. - - P.O. Box 3966 Anchorage AK 99602 Kent WA 98031 Seattle WA 98124 (907) 243-3331 (206) 854-9700 .. Acct.M 179-0104133 Ella Nist (206) 621.3268 Western Kraft Paper Group Valerie Creek Bellevue Corrugated Div. Annette Island Packing Co. �i - Willamette Indust., Inc. P.O. Box 70547 National Bank of Alaska P.O. Box 955 Seattle WA 98107 . Int'l Banking Dept. Bellevue WA 98009 (206) 782-8882 P.O. Box 100600 (206) 455-1111 Tom Montgomery �. Anchorage AK 99510-0600 Acct.N 037-738917 (907) 265-2938 Melody Little ANCHORAGE FACILITY HEAD OFFICE 4401 W. Int'1 Airport Road 100 W. ' P Harrison Plata � P.O. Box 190429 South Tower, Suite 350 Anchorage AK 99519-0429 Seattle WA 98119 j i� (907) 243-3311 (206) 281-1262 Telefax: (907) 248-0276 Telefax: (206) 281-1256 Telex: 152043 -- a Dunn b Bradstreet #06-334-0681 Please let us know if you need any additional information. ! Sincerely, , Hiroshi Arai � President w141mly i"D* IOOWEBTNARRISONPLAFA,WUTNTOWER BEATTLE.WABNINOTONil1U nLEPMONgamumm UWFAX 00MI.1m iELExIUM " EOK 1OO129. ANCNORAOE. ALAS" MISH 2p TELEPNON100112021T11 TELEiA; ODI ENOITE ,. // CITY OF KIr.m, W Cap" oj AzA44„ ,1ffl*-= MEMORANDUM TO: Mayor Williams and Council FROM: Kayo McGillivray, Director 40. Parks & Recreation DATE: May 12, 1988 Due to a combination of factors, the Parke Department is in need of , additional funds in the amount of $8,000.00 for salaries covering the month of June of the 1988 budget year. This shortage was created by: { " 1 1. Early break-up with softball and baseball starting earlier than previously so personnel were hired sooner. They are starting even sooner this year. 2. Additional softball tournaments on weekends so workers maintaining fields worked more hours. Three people working 20-25 hours each tournament. 3. Keeping some personnel on later in the fall for mowing, etc., as well as preparing and planting triangle park. We also continued to maintain flowers in beds and boxes until freeze caught them. The areas of responsibility for the Parks Department have increased considerably over the last few years and we have held our budget down with little or no increase in salaries. I have visited with the Finance Director on this matter and if Council is agreeable then an appropriation can be taken care of at -the June lot - -- - -- ------ meeting. - KMcG/jal .dam "'.3 CITY 4F KENA Z10Fla11{,p0 KENAI,ALAlIKA �ii11 TELE�MON!!q • �6 MEMORANDUM TO: Vince O'Reilly, Chairman Economic Development Commission 79-6citY imothy J. Rogers, City Attorney of Kenai DATE: May 12, 1988 RE: Annexation of Wildwood . This memorandum and the attached packet contain various items of information relating to the Wildwood Annexation. Included, in addition to this memorandum is a description of the annexation process, including a flow chart, and several exhibits pertaining to tax issues on the Wildwood Facility. Numerous questions have been raised about the feasibility of annexing Wildwood. Many of these questions fall within the expertise of the Engineering and/or Finance Department. Several loyal questions have, however, been posed. One important issue relates to the taxability of the Wildwood properties. In April, 1987 the Kenai Natives Association, Inc. (RNA) appealed the assessed valuation on a portion of the Wildwood properties, Parcel Tax Lot No. 017231-15 (see attachment). RNA is in essence suggesting that fixtures installed on the property should be exempt from taxation. They are asking that over $1,000,000 in assessed valuation be exempted. In addition, KNA is also asking that some of the buildings at Wildwood, which have been vacant for a considerable period of time, should be excluded from assessment. As yet, it is unclear what the results of these requests for exemptions will be. -1- �1 t'� It should also be noted that under the Alaska National Interest (� Lands Conservation Act, 43 U.S.C. 1636 as amended, all land and interest conveyed by the federal government, pursuant to the Act, to a native corporation was tax exempt so long as the land and interests are "not developed." The recent amendments to ANCSA have broadened the definition of "developed" Which is now defined as, "a purposeful modification of land or an interest in land from its original state that effectuates a condition of gainful and productive present use without further substantial modification." The key words there are "productive present use.,, It could be argued that this means a profitable use of the premises or land in question. If so, many of the vacant buildings or other facilities on the Wildwood property might be claimed as an exemption. Whether or not RNA desires to pursue this or not is another question. The question has been raised whether narrow roads present a special problem or create additional legal liability. This is essentially a question for the Engineering Department. If, in fact, the roads conform to the accepted traffic engineering standards, there is probably not any reason to fear liability. It should also be noted that a city, upon annexation of territories, has a reasonable time to inspect roads to determine if, in fact, hazards exist. Finally, the question has been raised of whether the City's Planning & Zoning authority over Indian lands will apply within the Wildwood Facility. 25 CPR, 5124(a) provides that none of the laws, ordinances, codes, resolutions, rules or other regulations of any state or political subdivision, including those that limit zoning, apply to Indian property, leased from, held or used under agreement with and belonging to any Indian or Indian Tribe that is held in trust by the United States are subject to a restriction against alienation imposed by the United States. This federal code provision applies only to Indians or Indian tribes and is not specifically aimed at native corporations. One needs to look to KNA's grant to determine whether zoning or other City regulations may or may not apply. There does not appear to be anything which would prevent RNA from voluntarily subjecting itself to the City of Kenai's zoning regulations. As of the date of this memo, I am unable to determine whether the Alaska National Interest Lands Conservation Act, 43 U.S.C. 1636 -2- J Tt �j as amended or the Alaska would precludetheCityNative fromimposingstitszoningtAct in y way ordinances within the annexed area. This matter is being researched. - -' TJR/clf 3- 1 ANNEXATION PROCEDURE There are several procedural methods to accomplish an annexation. Basically, these methods are divided into two groups: 1. ELECTION METHOD: Local action pursuant to procedures In the Alaska Administrative Code Title 19, Chapter 10. 2. LEGISLATIVE METHOD: Action taken by the Local Boundary Commission and the State Legislature. k SUMMARY OF ELECTION METHOD 4 Under this method, the residents of the area proposed for i annexation petition the adjacent city to annex their territory. 3. This may be initiated by a petition containing signatures of "I twenty-five percent (25%) of the registered voters in the area to i be annexed. The Department of Community and Regional Affairs (DCRA) urges potential petitioners to submit a proposal petition - -; for pre -approval before going out for signatures. In a nutshell, the voters submit the petition to the city which then holds a public hearing and if the annexation is desired, the city then completes the petition according to administrative rule requirements. The city then forwards the petition to the DCRA who reviews it for compliance with administrative rules. Upon compliance, the petition goes to the Local Boundary Commission (LBC) for approval or denial. At this point, the city must give notice to the public so that any concerned member can submit additional material for consideration. The LBC then approves or denies the petition. If the LBC approves the petition, the city holds an election within the affected area following local election rules. DETAILED EXPLANATION OF ANNEXATION BY ELECTION METHOD The following is a detailed outline of the steps that must be ta':en in the annexation by this method. 1. Twenty-five percent (25%) of the local residents in the affected area sign a petition requesting annexation, giving their name and residence address or mailing address. The City Clerk. C' 8. Within fourteen (14) days of receipt of the petition by the Clerk, the City Council holds a public review of the annexation request after which the Council takes action on the request making findings and recommendations. The decision to pursue the annexation and authorization to forward the petition should be made by either ordinance or resolution. 3. Assuming affirmative action by the Council, the City then completes the petition according to Title 19, Chapter 10 of the Alaska Administrative Rules. The form and contents of the petition are provided at 19 AAC 10.480: "(a) The petition shall be addressed to the commission and shall bear a caption which clearly identifies the nature of the boundary change and the municipality or municipalities whose boundaries are to be changed. (b) The petition shall contain the following information about the territory: (1) the name and resident address or mailing address of each petitioner; (a) the name, telephone number, and mailing address of the representative designated by the petitioner to receive service, notice, and other {, correspondence relating to the proceedings on behalf of the petitioner; (3) a legal boundary description; (4) a legal description of the boundaries of the municipality should the boundary change be effected; (5) the assessed or estimated value of taxable property, giving separate totals for real and personal property; (6) the number of residents in the territory; (7) the rate or rates at which real and personal property are taxed; (8) the rate or rates of sales and use taxes levied and collected; (9) the amount and a full explanation of the outstanding bonded indebtedness for which the territory is wholly or partially responsible; (10) the population and area of the municipality affected by the proposed boundary change." The petition must also have certain exhibits appended to it. The exhibits required are provided at 19 AAC 10.490: a r.; r a map or maps showing' (A) the present boundaries of the municipality whose boundaries are to be changed and the boundaries of the municipality if the proposed boundary change becomes effective; and (H) sufficient detail to define the streets and roadways of the municipality; (2) an affidavit of the petitioner, or his representative who prepared the petition, indicating the source from which the information contained in the petition was acquired and stating that a census or other reliable enumeration of the territory was conducted by him or under his direct supervision, specifying the dates when the census or enumeration was begun and completed and verifying that it was taken accurately; (3) a copy of the agreements, if any, entered into with another municipality regarding the transitional provision of services and distribution of assets and liabilities; (4) a certified copy of the resolution or ordinance authorizing the municipality to file the petition if the petitioner is a municipality; (5) the affidavit of the petitioner or his representative that service of the petition has been made in compliance with 19 AAC 10.510. (This affidavit must also indicate where the petition and brief are available for public inspection.) (b) Maps submitted as exhibits to copies of the petition shall conform in color and other distinguishing markings to the original exhibit. (c) If an official census has been made of the territory by the federal, state, or municipal government within three years of the date of the petition, a copy of that census may be appended to the petition in lieu of the census affidavit required under (a)(2) of this section. (Eff. 2/21/82, Reg. 81)" 4. The city must prepare a brief that accompanies the petition. The brief must fully set forth the reasons supporting the boundary change by addressing the annexation standards provided at 19 AAC 10.070, 19 AAC 10.500. Since the area in question is contiguous to the city, there are nine standards that can be addressed in the brief. One or more of those standards must be satisfied. The standards are provided at 19 AAC 10.070(a): 3 C_. .1 ,,(1) trio contiguous territory is totally surrounded by the city's boundaries; (2) the land in the territory is wholly owned by the city; (3) the territory is urban in character; (4) the territory is in need of municipal services which the city can provide more efficiently than another municipality; (5) there is a reasonable likelihood that future growth and development will occur within the territory and that annexation of the territory will enable the city to plan for and control that development; (6) the health, welfare, or safety of city residents is endangered by conditions existing or developing in the territory and annexation will enable the city to remove or relieve those conditions; (7) the extension into the territory of city services or facilities is necessary to enable the city to provide adequate service to city residents, and it is impossible or impractical for the city to extend the facilities or services unless the territory is within the city's boundaries; (6) residents or property owners within the territory receive or may be reasonably expected to receive, directly or indirectly, the benefit of city government without commensurate property tax contributions, whether city services are rendered or received inside or outside the territory; (9) the annexation is otherwise necessary to accomplish a valid public purpose." 5. The City forwards the petition and the brief along with the Council's findings and recommendations to the DCRA. 19 AAC 10.640. 6. The Department reviews the material and within thirty (30) days, either accepts it or notifies the city of errors or deficiencies that must be corrected. Once the material is complete, the Department accepts it and so notifies the city. 19 AAC 10.520; 19 AAC 10.642. 7. The city must puolish a notice of the filing of the petition. The notice is published in a newspaper of general circulation in the affected area and must be in a form specified by the Commissioner of the LBC. Generally, it must contain a brief explanation of the proposed boundary change; the name of the city and each municipality whose boundaries will be changed; the place where the petition and p. ...1 - -4 r• �n. t=. r, _.� r brief may be inspected by the general public; and the notice must advise the reader that an answering brief in response may be filed with the Department pursuant to 19AAC 10.550 or that the reader may submit written comments to the Department for consideration. 19 AAC 10.530. S. The city then forwards proof of publication of the notice to the Commissioner. Once the publication is complete, the material is submitted to the LBC. 19 AAC 10.530(b). 9. The LBC considers all written material submitted to it and makes a decision approving or denying the annexation proposal within thirty (30) days. At this point, the Commission has the discretion to remove the annexation proposal from the local election method and to consider it under the Commission's administrative procedure method, 19 AAC 10.450-10.620. If the local election method is continued, the Commission will notify the City of its approval or denial. 19 AAC 10.645. 10. An election is conducted within the area proposed to be annexed not less than sixty (60), nor more than ninety (90) days after notification of approval by the Commission. The election is conducted according to the local election code provisions at the city's expense. 19 AAC 10.660, 19 AAC 10.680. Only voters within the area proposed for annexation would vote on the issue. Only voters registered with the area vote. A special election requires approval of the date of the election from the U.S. Department of Justice under the provisions of the federal voting rights act. The annexation also requires approval under the Federal Voting Rights Act, according to DCRA. Such approval can be requested at the same time as the request for authority to conduct the special election. If a majority of those voting on the proposition approve the annexation, it becomes effective upon the filing of a certificate of election results with the DCRA. 11. Notice of the election must be given in accordance with 19 AAC 10.670: "The...council... shall give notice of an election by publication in a newspaper of general circulation in the territory proposed to be annexed...once each week for a period of three successive weeks before the 5 .. election, and by posting notice in three public and prominent places within the territory proposed to be annexed... during the same period...Posting of the notices and initial publication of the notice in the newspaper shall be at least four weeks before the date of the election. The notice shall state (1) the proposition be submitted; (2) the boundaries of the territory to be annexed...; and, (3) any provision or agreement governing distribution of liabilities or assets." to • SUMMARY OF LEGISLATIVE METHOD The Legislative Method is virtually identical to the Election Method with several important differences. Under the Legislative Method the LSC or the DCRA could initiate the petition for annexation. That is however, extremely unlikely in most cases. The petitioning and submittal to DCRA basically follow the same procedures as in the Election Method. The point where it differs is when the LSC approves a petition, it then must submit a recommendation for the annexation to the State Legislature during the first ten days of the next regular session. Forty-five days after the recommendation is submitted to the Legislature, the annexation is considered effected. However, if both houses of the Legislature adopt resolutions rejecting the annexation, it is defeated. Note that this process does not involve the local residents voting on the matter. 1. 2. J7� f- DETAILED EXPLANATION OF LEGISLATIVE METHOD A petition and related materials (brief and exhibits) must be developed in accordance with the requirements of 19 AAC 10.480 - 19 AAC 10.500. The DCRA encourages prospective petitioners to submit copies of proposed petitions and supporting materials in draft form prior to formal action on the petition (i.e. circulating the petition for signatures if it is initiated by the voters, or formal submission to DCRA if it is initiated by the city). This avoids rejection of the petition by DCRA due to deficiencies. The petition may be authorized by the City Council or ten percent (10%) or more of the registered voters of the area proposed to be annexed. The petition could also be .�J initiated by the DCRA or the LBC, however, in the Wildwood Annexation Proposal, it is unlikely that either of these agencies would initiate the petition. If the petition is initiated by the City Council or Borough Assembly, authorization must be granted by ordinance or resolution. If registered voters initiate the petition, it is important to use care when gathering signatures to ensure that those who sign the petition are qualified to do no. In addition, care needs to be taken to ensure that DCRA can verify the signatures (i.e., writing should be legible and the form of each name should conform to the manner in which each person registered to vote -- that is, if a person registered to vote as "John David Smith, 1II," he should sign the petition as such, not J.D. Smith or some other variation). The Division of Elections can provide a list of registered voters to assist in this regard. it is wise to gather several signatures beyond the minimum required to ensure that the petition will not be rejected due to an insufficient number of qualified signatures. This advice is also obviously applicable in the case of annexation by election. 3. The City submits original and six copies of the petition and supporting brief to DCRA where a determination must be made that the form and content of these materials comply with State law. 4. A copy of the petition must be sent via certified mail to each adjoining municipality. A copy of the petition must also be made available for public review in the area proposed for annexation. 5. Public notice of the filing of the petition must be provided by the petitioners. DCRA prescribes the notice to be used in this regard. The notice must be published in a newspaper of general circulation in the area proposed for annexation. 6. DCRA then prepares a formal report to the LBC concerning the proposed annexation. The report addresses the extent to which DCRA believes that the standards for annexation have been satisfied. The report will also contain a recommendation for action by the LBC. y, i� 1. L. J 7. The petition for annexation and other materials (opposing briefs, DCRA report, etc.) are placed before the LBC. The Commission is required to conduct at least one hearing in the area proposed for annexation. 8. if the Commission approves the petition, it must submit a recommendation for the annexation to the legislature during the first ten (10) days of the next regular session. The annexation takes effect forty-five (45) days from the date the recommendation is submitted to the legislature unless both houses adopt resolutions rejecting the annexation. This process does not involve a vote of the local residents. 9. The annexation of the territory requires approval under the federal Voting Rights Act. Such approval can be requested at the time the LBC approves the annexation petition. DCRA is also available to provide assistance in requesting such approval. is J ANNEROTION FLOV CHART FOR ELECTION NETNOQ twe<►Ntivepercentotvotrre n yeo SubmitpetldOnto "- r" QbptnDCRApreapprowl atteNedareasi9npetilton otproeposedpetltion AnnrxatiouFAILS CttvClt* o City completer peddonto isapproved Wlin 14 day# ft coumcitholds DCRA forannatahon ptabtishearinvonf"uesttobe A roved amtexed ------...... _•....-- -. mstnt►ebrlelandetihibiN pp DCRA Wowspetidou* CiNPubltrhernoticeuttlNn9olpetidon Wait30Day# 30 daysnotiRes dtyofacceptance orreouera changer bemade 1+Aatemll submited to LBC Citv"ovil prootolpt ByDCRA W,430 dayr LBCremoverpetldonhom LBC holds Hearingr eledlonmethod Capproverpetitioator NodceotEtectionGivea n election method Election held 4, Maiority OWN" to area to beanmexed approve nnexation faith � hlim9otsertilicate -- - - - with DCRA Malorityo! Voteer in area tobeannexeddisapprove l Annexation FAILS 1., e i? DCRA wUh CAI//OIIO J. OIION. H.• .{NNCTN O. 4006 081R C. MICNACl. W. "I" I.ANCC C.OIOCYM& 6^1.6v 11uCMO MICNACL II, CONOON "*$CRT T. I{IC{.' C. {CMw C.ICOCQMAN 009COT P. OWCN6 OCNNI{ C./9Np1TV AwoseW II. {OI,CNiCN POGCNTa.M•/AwLANC T000 1.9066MAN �At PEMNSULA BOROUCt. APR 3 Q 1997 Box -ir'n LAW OnICES or sawt"A. 0.14.4f. xxyp CROH. ECCERS & PRICE 660 WCST 6CVCNTN AVCNue, SUITC IC60 T{LCIINONCS ANCHOMCS.ALASKA 99601 (6010) a78.9+T+ (6or) {TA•{a+s April 30, 1987 Mr. Don Thomas Director. Property Assessment Kenai Peninsula Borough Box- 3040 Soldotna, Alaska 99669 Res Appeal of Property Tax Parcel Tax Lot Number: 017231-15 Legal Description: Portion of Wildwood, T06NR12WS25, CNTQ 14.00 Assessment Year(s) Appealed: 1984, 1985, 1986, 1987 Dear Mr. Thomas: r� i This firm represents the Kenai Natives Association, Inc. In accordance with the procedures established by the Kenai Peninsula Borough (KPB) Code of Ordinance Section 5.12.055, the Kenai Natives Association, Inc. (RNA), an Alaska native corporation, hereby petitions the KPB for a reassessment for the above referenced property. This appeal is based on the terms of the lease between the Kenai Natives Association, Inc. and the State of Alaska, which provides, in part, that all fixtures and/or equipment of whatever nature installed on the subject property by the State remains the property of the State and may be removed. at any time by them. The major improvements to the property have been placed there by the State of Alaska and are therefore not the property of the Kenai Natives Association, Inc. subject to assessment and taxation. In the alternative, the major improvements to the property are not part of the real property so as to be subject to assessment and taxation. This assessment notice was sent to the State of Alaska, Department of Corrections, in Juneau, Alaska, rather than to the Kenai Natives Natives Association, Inc. at the address indicated on the assessment notice. Please correct— your - mail distribution system to eliminate this error, since it L_ L Mr. Don Thomas April 30, 1987 Page 2 has deprived my client of the opportunity to review the assessment. The Kenai Natives Association, Inc., as a result of this error, hereby requests an additional seven (7) days in which to supplement this appeal, if necessary. Sincerely, GROH, EGGERS i PRICE 0. Lance E. Gi gub LEGsslh cc: Alexander P. Shadura t 1 ;7 • r. , R-017-231-15 LOC CTY QO TDS 053 00 KEY 465776 ----MAILING ADDRESS------- PCA 0170 PCS 23 YR 84 PARENT 41706 ' KEHAI NATIVES ASSN INC MAP AREA NK04 JV MTG 0694 �- 213 FIDALGO N203 SP1 SP2 SP3 UT1 UT2 14.00 SO FT - KENAI AK 99611 AYB EYB CBS CONST " 0000 LAND 243000 IMP OTHER 5545700 y. ----LEGAL DESCRIPTION---- TRUE MKT $788700 REA CLASSIFIED NCO ALASKA STATE CORRECTION ASD LND 243000 ASD IMP ASD 07H 5S45700 NCO POUCH T DESCRIPTION TAX YR CURRENT EXEMPT TAXABLE :i NCO JUNEAU At; 99011 BOROUGH 5788700 5788700 ___ T06NR12WS25 P_TN- OF WILDWOOD. TCA VALUE 578E"00 5783700 CNTG 14.00 AC M/L _ t . r • .�g47 3 ":, LAW OFFICES or CLIFFORO J. GRON. DR. d[NN[TN R [OO[R9.P.C. CROH. EGGERS a PRI �� M ICNA[L W. PPIC[ LANC[ [.OI000M• 550 W[ST S[V[NTN AV[NU[. $Wire 1 bO :"; J 1 ;J T[L[PMOMCa s•LLY «uc«o MICNA[L P. CONOON ROD[RT ►, PRICG. P.C. ANCHORAGE.ALASKA 99501'• . Ir .,„I"^^ +� e021 asa•e•T• gQT� a7A•944) ROD[RT P. OW[NS Uil L G:11. T[L[COPItR O[NNIS 6. F[N[R►V ANORcw II.SON[NS[N December 23, 1987 ..:, RQB[RT [. M.FARLAN[ SN[LL[Y M. OITUS ♦3R Jt ,.I1 .' Christine Schmidt Office of the Borough Attorney Kenai Peninsula Borough Box -850 Soldotnar AK 99669 RE: Kenai Natives Association Inc. Tax Appeal Our File No. 85=28-3 Dear Ms. Schmidt% At an informal hearing held at the Borough Assessor's Office on May 27, 1987 regarding the tax assessment of properties owned by my client, the Kenai Natives Association, Inc., I advised that I would gather and provide certain information and forward it for consideration by the Borough in arriving at a proper assessment. I realize that a considerable period of time has run since the meeting but, unfortunately, the much -needed information was in the hands of the State of Alaska. Upon receipt of their calculations we had several discussions concerning their accuracy, and we are now confident that they are the best data we can provide. The total value of security system materials, which, according to the lease between KNA, Inc. and the State of Alaska are personalty rather than fixtures, is $1,065,023.00. The enclosed correspondence from Ted Kinney, Public Facilities Planner for the State of Alaska, Department of Corrections, demonstrates the basis for those calculations. As we further discussed last May, many of the buildings at wildwood have been vacant for a considerable period of time and should be excluded from assessment. An enclosure setting forth building numbers and vacancy dates is also included for your information. e renew our request for an adjustment Of past tax assessments, and request that the enclosed data be considered by - the Borough in - arriving at future assessments. Since you acted as counsel to the Assessor's Office during our meetings, the materials are forwarded to you for coordination with that office. r 1 December 23, 1987 Christine Schmidt Page -2- Thank you for your anticipated cooperation with respect to these matters. Should you have any questions or desire additional information, please advise. Very truly yours, GROH, EGGERS & PRICE /2-c - E. Gidcu LEGslw Enclosure ccs Katherine Boling, President, KNA y, ,q f i VACANT BUILDINGS ON WILDWOOD }[ BLDG. 16 (formerly used as hotel) Vacant since April 1985 BLDG. 19 8 plex • 2 bedroom units { Vacant since January 1. 1987 BLDG. 31 6 plex • Ybedroom units T Vacant from July 1s 1987 BLDG. 300 Warehouse/offices (formerly rented to KNA Oilfield Svs.) .. r Vacant from Oct. 1983 } BLDG. 306 Offices (formerly occupied by KNA Administration and Apartment Rental) Administrative Office moved June 1, 1985 Apartment Rental Office closed Nov. 1986 Office Building occupied by Kennitze Indian Tribe Vacated June 1. 1987 ty. f �'r3V• . L c CALCULATIONS (Y PERIMETER SECURITY UPGRADE (CITY ELECTRIC) TOTAL COST $1,500,000.00 less: Profit and Overhead (25% net) 300 000.00 Net Contract Cost I , 200. 0. 0 less: labor (60%) 600 000.00 Net Materials Cost 60 , 0. less: Electrical Distribution 200 000.00 Net Materials Cost (Perimeter Scty.) 400sOOO.00 less: General Materials (20%) 80 000.00 Net Security Materials Value —" 209 BUILDING 05 (EASLEY CONSTRUCTION TOTAL COST $3,865,072.00 less: Profit and Overhead (25% net) 773.014.00 Net Contract Cost3,092,058.60 less: Labor 1,546,029.00 Net Materials Cost .. less: General Materials (65%) 1004919.00 Net Security Materials Value , BUILDING 010 TIKIGAO (GENERAL CONSTRUCTION TOTAL COST 850,385.00 less: Profit and Overhead (25% net) 170 077.00 Net Contract Cost $�t �33�5 less: labor (50t) 340,154.00 Net Materials Cost 340.154.00 less: General Materials (70%) 238 108.00 Net Security Materials Value 2, FRYER -NOBLE (SECURITY DOORS b HARDWARE) TOTE- COST 254,668.00 less: Profit and Overhead (25% net) 50 934.00 Net Contract Cost 203, 3 .0 less: labor (500") 101 867.00 Net Materials Cost TOT9867.00 less: General Materials (DO.) -0- Net Security Materials Value 101,867.00 L J PROJECT SUMMARY Security Fence + Replaced overhead electrical distribution system with underground service, and installed overhead perimeter fence and security systems. - Constructed double perimeter fence, with Razor Ribbon - Installed vehicle and pedestrian sallyports - Installed perimeter security lights - Installed FPS-2 and MPS-2000 perimeter security alarm systems Building N5 i + General conversion of Dower plant into a pre-trial/intake facility. - Constructed security fencing, vehicle sallyport and perimeter alarm system - Installed security walls, doors, and glazing - Installed security control system - Installed CCTV surveillance system Building 010 + General conversion of dormitory/administrative building into a sentenced, medium security institution - Installed security wails, doors, and glazing - Installed security control system - Installed CCTV surveillance system L . ..... • �.V. r UE OF OL SK O SIEVE COWPER. GOVERNOR I)F.I'.i1RT',VIEST OF CORRFCTIO S 2200EAST 42ND AVENUE ANCHORAGE ALASKA 09WS S202 SOUTMCENTRAL REGION OFFICE PHONE fo0>1 S81J426 November 9, 1987 Lance Gidcumb, Attorney ' Groh, Eggers and Price $30 M. Seventh Avenue, Suite 1250 Anchorage, Alaska 99501 CG�`iS RE: Borough Taxation of Wildwood GR�;•;, 8 PRICE (Your letter, 10/20/87) Dear Mr. Gidcumb: We accomplished the primary capital improvements at the Wildwood Correctional Center via three projects. These projects involved four construction contracts. Our project documents do not have exact values ascribed to materials costs; however, I have developed the following estimates, based on general practice and past experience. Following is a summary of my estimates. Project descriptions and my calculations are attached. Security System Project Firm Total Cost Materials Security Fence City Electric $1,500,000 $320,000 Building 05 Easley Construction 3,865,072 541,110 Building #10 Tikigaq Construction 850,385 102,046 Fryer -Noble 254,668 101,867 Please contact me if you need additional information. Sincr-rely, "_-,� . Ted R. Kinney Pub'ic Facilities Tanner I Attachment J_ cc: Richard G. Peterson, Contracting Officer, GS&S - TRY.: tr:41 W ?imoth�rJ.Rogom -^�IyAllorMy s_@ ``yOFKENAI 110 FIaNOo IN THE DISTRICT COURT FOR THE STATE OF ALASKA THIRD JUDICIAL DISTRICT AT KENAI CITY OF KENAI, Plaintiff, v. WILLIAM S. GRIFFIN, JR. and BAXTER F. SNIDER and KENAI AVIATION SERVICES INC. d/b/a AVIATION SERVICES, Defendants. Case No. 3KN-88- CI. COMPLAINT -.FORCIBLE gNTRY AND DETAINER COMES NOW, plaintiff, through. undersigned counsel and alleges as follows: COUNT ONE 1. The City of Kenai (City) is a home -rule municipal corporation duly organized and operated under the laws of the State of Alaska. 2. By written agreement dated April 23, 1985, the City leased Lot 1, Block 3, General Aviation Apron, Kenai Municipal Airport to WILLIAM S. GRIFFIN, JR. and BAXTER F. SNIDER and KENAI AVIATION SERVICES INC. d/b/a AVIATION SERVICES, for a term of Thirty eight--(38) years, commencing.April 23, 1985. The lease is 1 - COMPLAINT - FORCIBLE ENTRY AND DETAINER r TIMOMYJ. Rogon - 011yAROmmp CITY OF KENAI a1oRldtlpo KMI MnIt MII 26""1 I _! recorded at Book 259, Page 987 in the Kenai Recording District("; Kenai, Alaska. A copy of the lease is attached hereto and incorporated by reference herein as Exhibit "A". 3. On or about April 23, 1985 defendant took possession of the premises described in Paragraph 2. 4. Defendant continues in possession of said premises, retaining the same by force and without paying rent as required by the terms of the attached lease and without the consent of plaintiff, despite plaintiff having given defendant a sixty-day notice to quit the premises, which notice is attached hereto marked Exhibit "B" and incorporated by reference herein. 5. The City has fully, faithfully, and timely performed all of its duties and obligations under the lease and has satisfied all conditions precedent to its right to demand rentC 6. As owner of fee simple interest in the property described in Paragraph 2 above, the City -:R Kenai is entitled to immediate possession of the premises. COUNT TWO 7. The City realleges and incorporates by reference herein the allegations contained in paragraphs one through six above. 8. By written agreement dated April 23, 1985, the City leased Lot 2, Block 1, General Aviation Apron, Kenai Municipal Airport to WILLIAM S. GRIFFIN, JR. and BAXTER F. SNIDER and KENAI AVIATION SERVICES INC. d/b/a AVIATION SERVICES, for a term of Thirty seven'(37) years, commencing April 23, 1985. The lease.is 2 COMPLAINT - FORCIBLE ENTRY AND DETAINER r tk ttnbthy�:eoaa _ .-rdhiAtlom�Y 'ti.-,'VOP KENAI 21001 00 KM1tl,A1W�99A11 - �11p1 a .. recorded at Book 987, Page April 23, 1985 in the Kenai Recording District, Kenai, Alaska. A copy of the lease is attached hereto and incorporated by reference herein as Exhibit "C". 9. On or about defendant took possession of the premises described in Paragraph S. 10. Defendant continues in possession of said premises, retaining the same by force and without paying rent as required by the terms of the attached lease and without the consent of plaintiff, despite plaintiff having given defendant a sixty-day notice to quit the premises, which notice is attached hereto marked Exhibit "B" and incorporated by reference herein. 11. The City has fully, faithfully, and timely performed all of its duties and obligations under the lease and has satisfied all conditions precedent to its right to demand rent. 12. As owner of fee simple interest in the property described in Paragraph 8 above, the City of Kenai is entitled to immediate possession of the premises. COUNT THREE 13. The City realleges and incorporates by reference herein the allegations contained in paragraphs one through twelve above. 14. By written agreement dated April 23, 1985, the City leased Lot 1, Block 1, General Aviation Apron, Kenai Municipal Airport to WILLIAM S. GRIFFIN, JR. and BAXTER F. SNIDER and KENAI AVIATION SERVICES INC. d/b/a AVIATION SERVICES, for a term of Thirty five (35) years, commencing April 23, 1985. The lease 3 - COMPLAINT - FORCIBLE ENTRY AND DETAINER I TltnothllJ.Ropm —�'., - ClbAtlomM CIT1►OFKENAI :towaioo tun�t,Aunlu�611 QeSSMt is recorded at Book 259, Page 987 in the Kenai Recording District, Kenai, Alaska. A copy of the lease is attached hereto and incorporated by reference herein as Exhibit "D". 15. On or about April 23, 1985 defendant took possession of the premises described in Paragraph 14. 16. Defendant continues in possession of said premises, retaining the same by force and without paying rent as required by the terms of the attached lease and without the consent of plaintiff, despite plaintiff having given defendant a sixty-day notice to quit the premises, which notice is attached hereto marked Exhibit "B" and incorporated by reference herein. 17. The City has fully, faithfully, and timely performed all of its duties and obligations under the lease and has satisfied all conditions precedent to its right to demand rentf , 18. As owner of fee simple interest in the property described in Paragraph 14 above, the City of Kenai is entitled to immediate possession of the premises. WHEREFORE, plaintiff asks for the following relief: 1. For an order immediately terminating the leases described in counts one through three and ordering the leased premises restored to plaintiff. a. For an order decreeing that plaintiff has the present right to re-enter the leased premises. 4 - COMPLAINT - FORCIBLE ENTRY AND DETAINER rim 3. For a judgment against defendant for plaintiff's costs and disbursements incurred in this action, including a reasonable attorney's fee. 0. For such other and further relief to which plaintiff may be entitled. DATED: This day of , 1988. CITY OF RENAI By: Timothy J. Rogers City Attorney NTRY AND DETAINER L J s t i . �1 r- IN THE SUPERIOR COURT FOR THE STATE OF ALASKA THMD JUDICIAL DISTRICT' AT KENAI CITY OF KENAI, ?50679 Plaintiff v. ojI .094 ACRES OF LAND, MORE OR s2 ' kFNq� LESS; AND WILLIAM A. QUANDT, s���t`azzt2°Z Defendant Case No. 3KN•86.670 CI. The undersigned, having been duly appointed and sworn as Master in this proceeding to ascertain and assess the amount to be paid by the plaintiff to the defendants, according to law, as just compensation for the condemnation of interests in the real property designed as Parcel No. i, as mom particularly described in Schedule "A" and depicted iin Sch(4ule "Ii", attached to the complaint heroin, held a public hearing on the 2nd day of May,1988, for this purpose, at the time and place designated in the Order of Reference to Master. The plaintiff was represented by the Office of the City Attorney for the City of Kenai. There was no appearance by or on behalf of defendants. Upon hearing the evidence and being otherwise fully advised, it is my finding as Master, that the just compensation for taking of the interests in Parcel No. i as of the sixth day of June, 1986, the date of taking, is as follows: n 1ST COMPENSATION 1. The fair market value of the entire property of 22,500 square feet, including improvements to the real estate, immediately before taking: g s.000.on T 4.1 2. The fair market value of the remainder, or residue, of the property of 22,500 square feet, ialmediately after the taking: „5,000.90 3. Difference between before and after value: 4. Value of property taken valued as a part of the whole: S. Just compensation equals greater of (3). or (4). which is: It is further my finding, as Master, that the persons or others entitled to the award, and the amounts representing the value of each separate interest, are as follows: SM This taking involved the establishment of a 30 foot easement between the lots described on Schedule A with 15 feet being utilized from each lot. The judgement should reflect that the taking was so limited. From the testimony and the exhibits, I find that the only detriment to the property, which is apparently only platted but otherwise undeveloped, is that no permanent construction can occur within the easement: the result being an effecdve 15 foot side setback from the properly be for a (� single story building instead of the five foot setback for such structu ses which otherwise exists in the area This minimal detrimental effect is offset by beneficial effect.6f the existence of the storm drain should the area be developed. The performance of my duties as Master in this proceeding required three hours. DATED at Kenai. Alaska, this 4th day of May,1988. aster 4.1 2. The fair market value of the remainder, or residue, of the property of 22,500 square feet, ialmediately after the taking: „5,000.90 3. Difference between before and after value: 4. Value of property taken valued as a part of the whole: S. Just compensation equals greater of (3). or (4). which is: It is further my finding, as Master, that the persons or others entitled to the award, and the amounts representing the value of each separate interest, are as follows: SM This taking involved the establishment of a 30 foot easement between the lots described on Schedule A with 15 feet being utilized from each lot. The judgement should reflect that the taking was so limited. From the testimony and the exhibits, I find that the only detriment to the property, which is apparently only platted but otherwise undeveloped, is that no permanent construction can occur within the easement: the result being an effecdve 15 foot side setback from the properly be for a (� single story building instead of the five foot setback for such structu ses which otherwise exists in the area This minimal detrimental effect is offset by beneficial effect.6f the existence of the storm drain should the area be developed. The performance of my duties as Master in this proceeding required three hours. DATED at Kenai. Alaska, this 4th day of May,1988. aster r- = --,3 CITY OF KEhhi "Od G;d 4 4"„ MO ROAL00 MN. AWWKA 9W11 TEWHON1245-IM MEMORANDUM TO: Council Members City of Kenai FROM imothy J. Rogers, City Attorney City of Kenai DATE: May 12, 1968 RE: Marvin Dragseth Request for Use of Right -of -Way for Pipeline Mr. Dragseth has requested that the City allow him to place an effluent pipeline from his facility which is not in the City of Kenai in a right-of-way on Pirate Lane within the City of Kenai. There are several legal impediments to this request. The general rule is that a municipal corporation holds its streets and public ways in trust for public use and is therefore without authority to grant a permit for private purpose. 3 HdOuillin, Municipal Corporations, 034.17. The grant must be for public use and such a grant is invalid for private use when neither the municipality or its citizens, nor the public receive any consideration or benefit. 3 Maguillin, Municipal Corporations, 534.17 citing; George W. Armbruster, Jr., Znc. v. Wildwood, 41 F.2d 823; Pikes Peak Power Co. v. Colorado Springs, 105 F.I. To my knowledge, the City has not allowed underground placement of utilities in the nature of pipelines or other facilities within its right-of-ways by a private individual. To date, the use of the right-of-way has been restricted to those entities which are able to claim designation as a public utility. The City cannot deny public utilities the use of its right-of-ways. 3 42.05.251. -1- V S Allowing a private individual to use the City's right-of-way opens up a spectre of use of the City's right-of-way by anyone who so desires. As Council is aware, we have ongoing litigation over relocations within rights -of -way by utility companies. a Adding private individuals to this burden would not be wise at this point. There is also a threat of liability from an effluent pipeline breaking or perhaps contaminating water sources from within the City right-of-way. The City may be joined in an • ! action to abate such a nuisance. + It has, however, been held that if the power to grant the use of right-of-ways to private individuals has been expressly conferred ' by the legislature, then such use may be allowed. 3 XCOU1111n at §34.17. In the case of Alaska, there appears to be no statutes specifically authorizing private use of municipal rights -of -way. On the other hand, there is no prohibition against a municipality granting private use of a public right-of-way. Accordingly, the City could, under its home -rule powers, enact an ordinance allowing for the general regulation of right-of-ways and application to private individuals. Should the Council desire to --- -=--." - - accommodate Mr. Dragseth, this would be the appropriate manner. one final problem which presents itself is that under KMC 18.27, specific locations for each utility are assigned within the right-of-way. Specific locations within the rights -of -way are set up for telephone utilities, electric power utilities, gas utility lines, cable T.V. utility lines, sanitary sewer and storm utility lines, and street lighting, fire hydrants, and catch 1 basins. It does not appear that there would be any room in these designations for a private waste effluent pipeline. This however, is a matter better addressed by the engineering department. 2 711 =NA1 PENINSULA BOROUGH 144 N. SINKLEY • SOLDOTNA, ALASKA 99669 PHONE (907) 262.4441 03\ 1234.56r� DON OILMAN May 10, 1988 �ry� �ol f MAYOR Alcoholic Beverage Control Board Attn: Betty Calhoun s� �`,�'r•.�+ 550 W. 7th Ave. Anchorage, AK 99501��zr�Q��tc�L� RE: 1988 Liquor License Renewal Protest: The Rig Bar/Kenai Dear Ms. Calhoun: The Kenai Peninsula Borough hereby notifies the Alcoholic Beverage Control Board of its protest to the 1988 liquor license renewal for The Rig Bar. This protest is for the reason of the following tax liability arising wholly out of the operation of the licensed business: The Rig Bar Sales Tax Account No, 07179. Balance due in the amount of 61,220.08. Interest calculated to 5/31/88. (Pending Confession of Judgment) This protest is made pursuant to a policy established by KPB Ordinance 85-75 (Alternate) to protest license applications if the applicant is not current in his tax obligations to the Borough and pursuant to statute allowing protest for unpaid taxes arising out of the operation of the licensed premises. The applicant is being advised of this protest by copy of this letter. The applicant may contact the Borough Delinquent Accounts Office, Linda Barclay at (907)262-4441 ext. 229, in order to bring the above noted tax accounts current by payment in the form of CASH, CASHIER'S CHECK, OR MONEY ORDER. The Borough will then withdraw any protest for delinquent taxes. if the applicant wishes to have a hearing before the Assembly regarding this protest, he should contact the Borough Clerk to be placed on the agenda. Sin erely, C Linda Barclay Delinquent Accounts CC: Donna M. Myers, The Rig Bar, Box 7176, Nikiski, AK 99635 The Pard Corporation, P.O. Box 2036, Homer, AK 99603 Steve Yoshida, 3665 Ben Waiters Lane, Homer, AK-99603 t.eilty of Kenai, Janet Ruotsala, City Clerk, 210 Fidalgo, Kenai, AK 99611 7 I11 r- CITY OF KENAI 210 FIDAL00 KENAI, ALA9KA 99611 TELEPHONE 268.7636 Alcohol, Beverage, Control Board 550 W. 7th, Suite 250 Anchorage, Alaska 99501 4 At their regular meeting of May 4, 1988, the Council recommended non -objection to renewal of liquor license to the following: t 1 Runway Lounge £ The Council took no action on the following: 1 The Rig k Thank you, ' Janet Ructsala, CMC City Clerk { JR/j1 sNr-2 { REPRESENTATIVE i r { C.E. "SWACK" SW o` MMER �ld� A #btatt Usi!cla�tutt �� ti 312 TYEE STREET SOLOOTNA, ALASKA 99669 JUNEAU BOX V JUNEAU, ALASKA 99811 19071485.2889 April 30, 1 ysouge of Repregentatibeo William J. Brighton, City Manager City of Kenai 210 Fidalgo Street Kenai, AK 99611 Dear Bill; Your legislators met recently in regards to the reappropriation of unexpended and unobligated funds. We attempted to be as fair and equitable as possible to meet the apparent needs of our constituency, without losing sight of the wishes and expectations of our district's borough, municipalities and special interest groups. The following reappropriation was submitted on your behalf, we sincerely hope this will assist you in your endeavors: The sum of $70,000.00 for area wide street improvements. The sum of $562,100.00 for drinking water improvement projects. After this process leaves the legislature, the amounts and direction of the reappropriations will have to undergo the scrutiny of the Governor. If there are any questions, please do not hesitate to contact the offices of your delegation. Sincere' , p Rep. �waclk&hammer Rep. Mike Navarre Senator Paul Fischer l ,1 4 ( r L_ r. 1 60 YOUR CNA BER T � GREATER SOLDOTNA CHAMBER OF COMMERCE-Niw •V aa.GA I XK NEW MEMBERS WELCOME$ Tim Hiner Professional Fishing, P. O. Box 2122, Soldotna V6 Heritage Hotel, Michael is LeAnn McHone, 147 E. Pioneer Av trtr r 99 3 King Salmon Motel & Restaurant, Y.earlee & Beth Wright, BoxO Bonanza Promotions, Art Woodward, Box 3588, Soldotna 99669 Alaska Perry Fly, Robert M. Cannon, P. 0. Box 2818, Soldotna �1 �69►Zti�� King Roe Charters, Sharon Kinley, P. 0. Box 1088, Soldotna 996 Kenai Peninsula Home Builders, P. 0. Box 1753, Kenai 99611 Delores J. McCaslin, Box 3705, Soldotna 99669 - Kenai Fjords Tours, Inc., Donald & Pam Oldow & Jack & Sheila Scoby, Box 1889, Seward 99664 Cohoe RV Park, Charles H. Snyder, P. O. Box 3864, Kenai 99611 Ardison Charters, Peter J. Ardison, P. 0. Box 39135, Ninilchik 99639 Fish Haw Charters, James Parker, Steve Riddle, John Rudd & A.J. Holburn, P. 0. Box 220750, Anchorage 99522 Angler's Lodge & Fishing, Roger G. Byerly, P. 0. Box 91983 99509 Solid Rock Bible Camp, Bert Schultz, Director, P. O. Box 499, Soldotna 9966: Rosemary's Bed & Breakfast, Rosemary Kime, P. 0. Box 516, Soldotna 99669 We welcome you and appreciate your support and investment in the Soldotna area. This brings our membership to 215 strong, from 177 in Januaryi Let's see what we can all do for the coming membership drive - more n June. LUNCHEON PROGRAMS We have some super neat program speakers this month. Ask a friend or associate to join you for lunch at the Riverside Inn on Tuesdays at noon. Call a new member to join you. Suggestions are always welcome for a program that would be of interest to you. Committee reports and community announcements are always a part of the program - so to know what is going on - BE THERE. See you at Chamber Lunch. MEMBERSHIP SURVEY Remember that membership survey we did in February? Here's some interest highlights of the return: Beautification of the Soldotna area is second onlX to economic develon- meat as an identified Chamber goals 49W expect the Chamber to be agressively active in the community's affairs and economic developments the majority of our members belong to Chamber to make a contribution to the community= for the most part you are pleased with the Board of Directors and staff, but felt the newsletter needed some new spark and we have already started working on that. 35% or 64 out of 178 surve:*s ° were returned - a great response. lie repeat this annually so we can track and build a data base. Thanks for your input, that's what we need to stay sharp and keep growing. (Full results available -at the office}. MOTHER'S DAY Look for the Merchant Committee boxes in all participating - businesses for the Mother's Day Drawing. Great prizes await the lucky lady whose name is drawn on Friday, May 6 at 2:00 PM at the Chamber Office. Hutching's Chevrolet, Oldsmobile and Cadillac are donating the use of a cadillac for a day, $50 gift certificates ?' from Lamont's, Malston's and Doors & Windows, Mykel's will host a dinner for two, Roy Mullin's a portrait sitting and on and on. Great work Merchant's Committee and thanks. L III i ..;ESS DAYS It's just not that far away until the annual celebratlq of Soldotna's Prcaress Days. This -,,ear we're go:nl f0i ..ill eek of activities sty.-::ing with Jul; 23 progrersing right ;,n throug.. ?uly 31. Larry Cooper, :rational Barks of Alaska (262-44s3) ate Iry Carlisle, Burnette, Meyers a Carlisle (262-9193) are serving as co-chairman. The cormittee :meets weekly at 7AM, Tuesdays at Mykel's .: `, Restaurant. Please come and _;articipate -sae are looking for the just. right 'theme' for this year. help - get involved. CLEAN UP DAY Posters are out heralding the prizes, the organizers are"",11, geered for a big turn out, clean up bags are available anA i we are all charged up for a fanta-tic CLEAN UP DAY. orders for good L i weather have been entered too. Show your community -pride, lend -a hand and a little enthusiasm ::r a clearer Soldotna. Clean up day Chairman is Mark Allen and he will answer questions at 262-9390. See you Saturday May 14, 1983 for CLEAN UP DAY. CHAMBER AFTER :TOURS This month's C :a:rber After Hours is hosted by . - ;;� B-J'S LOUNGE and INSURANCE CACHE and will be held at the INSURANCE CACHE offices, 170 Corral Street, Friday, May 20, 1988 >? from 6-9PM. We all have an cpportunity to get to know each other a little better at "CAH", so grab a handful of business cards and come.>. nn over to INSURANCE CACHE. Last month's Aasiness card door prize draw winner was Steve Booth of HERITAGE REAL ESTATE AND INVESTMENTS. 1SITOR INDUST. Y Kenai Peninsula Boroug.: ^lannin,: Department is hosting;;;' a Visitor Industry Forum, Thursday, May 12, 1988 , from 8:30 A to 5:30 PM. at the Central Peninsula Sports Center, Kalifonsky_. Beach Road. Registration fee is $10, includes lunch and t"e reception ..:.{ at 5:30 M-1. Boroli_:h organiz,•r. s promise the program will have a critical impact on the Peninsula's visitor industry program. No doubt there will? be discussions of organizing a borough -aide effort in hopes of producing the "Kt:st bang for our buck", i. e. cooperative marketing or maybe a lccal Alaska Visitcr's Fssociation chapter. Let's put our heads togethe�t for a better Peninsula Visitor Program. See you there. (Register at the Forum but call 262-4441 tc let them know you are attending. VISITOR D12LOMAT SEMIN;RS There are three neninar sessions re:nainingill.,,+... Thursdays, May 5, 12 and 19 from 7PM to 10P *�,. i The price is right, they are Free. Our presenters have been wonderful.! { Sue Carter, Carolyn Willis and Eleanor Barry shared "a typical tourist,; j skit, while Dave Nelson was very informative about all the fishing raas and Milo Flvthe captured �' opportunities on the Peninsula. Alan Bo s our attention with fascinating presentations on area history geology andi, anthropology. A BIG THA-IFS TO KENAI PENI'.SJLA COLLEGE FOLKS GINGER STE AND DENNIS SItI@10NS FOR CRGA:IIZATION :LID PRESENTERS :OR REIN SO WONDERF i The seminar is free because everyone donated their time and services.., Between 35 and 40 are attending the classes. 'j KENAI PENINSULA VISI'_"OR CENTER The center opens it's doors to the public, Monday, May 16 at 10:00 AM until:.;4;: :00 PM every single day of the week. We have Bertha Moore back this ° year to holp, Darlene Wilder and Tichi Cole to lead the group. These peon -Les knowledge and enthusiasm is the last link needed for a top notch _- vir :or center. Look for their smiling faces and remember to bring your;4 vi ing friends and families in to scn� our beautizul photographic .y of the c:enai Peninsula and the other displays that will be in�'rF as funding permits. _..•,-"S" A CAUCUS This active organization represents • K'":. _ commerce muni..ipal gorer:unen_ and cha;rl�e..s of co of ?en'..nsula Borough. Phil.Turkington is :tie Soldotna Chanter .E: ..:at .•.e an reports the caucus ::zs been ^ieeting renularly -:.c with some very important issues to the Peninsula. Here, are =• ransplant of Deer to the Peninsula; Priorities for State :n•: :y89 riseal Year; Use of ^ailbelt Engergy Funds for Various ,.Ere ?.-c'!cts within the Kenai Peninsula Eorouch; Workman's Co•rr1::,t�cn Insurance and the creation of desicnated "Free Trade ""ones" w4, ;, :: the 3c•�,ough. Communities of the peninsula working together in ,:c:,.ion •.,ffort is truly inspiring and producti•fe. Keep up the good wc•_ . "^:'�cus members." 7 7 ,, u .•::55 PUBLICATION "Establishing a Business in Alaska", a public- ation by Alaska Department of Centnerce and --evelopment is available by sending S3 to Division of Business - T D :_nenr, P. 0. Box D, Juneau, AK 99811. The booklet contains valuab+a about sources of business assistance frcm taxation to labor DEVELOPME`.T CENTERS The University of Alaska, Anchorage produces a quarterly publication called SED� `DEWS. This months periodical features an article on Alaska Prc::c=s :reference expanding an the January, 1988 law and how it applies to try=in^ with state and Federal government. Another enlightening art_c_ ray _ of :nter::st to you "Factoring For Stull Businesses" which deals wi" • on a small business plain. Write or call t."AA, Small BUS:.. ^_� _e•:e: Ter I�ntsr of Alaska, 430 W. 7th, Suite 115, Anchorage 99!01; f�-47:-7:.1 2 :o be placed on t:e majl_rg list. Contact the Chamber _cr : the current issue. OFFICE The Governor's Office or international Trade is also product.rg a fine publication report-_.-- _:a . _ __: involvements with- aorlf trading activity. Alaska's Strategic re'_�-__ "o the Pacific Rita countries and development of trade, j and _d,c..t_; :=?, exchanges exrands yearly. ?.ecant act;vitt.es incl:::ie ^� '_ngsw_n ..: barcvsk with s-.vje_ of"_vials discussing ccOperat-'Ve F Sea Fist:: _ies a tours; constru;tion of a bit.L.1-nous coal ail: e in the aatan,;- ka ',alley by a Japanese concern, Idemitsue ::osan Ca.; and a recreaticra:. ^ri development jZ :late^er Pass, matanuska Valley by Mitsui t �• , Cortcr,at_c n anA M!" y mere. The first ever publication by OIT has a trade 1--ad let:. n page which may be of interest to those involved wit: ±'. internaticrai trade markets; as are many of our local fish proceszors. One of the most exciting recant developments is t.. Alaska- Siberia trace getential. Ycur Chamber director, along with others from the Peninsula, was prjvele�sd to attend the recent synposjum on Alaska -Siberian F?`lat==:: �iFere t"A _ m ote speaker was Gennadi Gerasimov, Chi , Chief Soviet Saokesperst:.. TKe laska C-ateway Project was discussed in detail. 'Hatch fcr the comir.: sJome -te o�; ideni_: a,- Siberia;_ a see :i flight r"or ;oteaj�,. f:ture tours. ---- - - BOARD aC_IG:JS: :t+e `-ard cf Directors, at recent meetings -have take the ' 'lowinq actions which may be of interest to you. * Adopta resol•s-ion to the City of Soldotna asking thento :make beautifi_at_= a top priority in the coming budget * :.9proved a grant application to Alaska Division of Tourism fcr operation of the visitors Center * Approved purchase of a computer for the Chamber Office , 7 il tr 1 ? t GREATER SOLDOTNA CHAMBER OF COMMERCE MEETS I EVERY TUESDAY 12:00 NOON. - BOARD OF DIRECTORS, COMMITTEES Praldeat Valerie Edmundson BEAUTIFICATION President Fleet MERCHANTS Vice President Philip Turkington VISITOR INDUSTRY i Treasurer Sbaron Moock `I' SPECIAL EVENTS Tan Moore FINANCE Paul Miller LEGISLATIVE AFFAIRS Dave Hutchings EDUCATION - - - - - 4 Secretary Betty Harris -- NOMINATING ' Paul Gray MEMBERSHIPS - - -,, Mavis Blm Executive Director Kstby Scott CHAMBER OFFICE Pbone 262.9814 1 GREATER SOLDOTNA CHAMBER OF COMtiIERCE P.O. BOX 236 SOLDOT-NA, ALASKA 99669 1 ca,aT. PRISOQT IULK RATE N.D. MTADR PAID PQIMIT No. e $OIDOTNA. AK. teeef .Mayor John Williams City of Kenai 210 Fidalgo Yenai, AK 99611 i C. r r May 1988 1' §�ojt 4 a"3`zs v y -I t�►$ p,n `L M e M O ` c • � Q It p �A � �� � o �6 910�'r ° , V j�► . L S H b K I timingi r--- :I i =N1-o- y . University of Alaska Anchorage , o,4.6 ............ ButleIN fi Tra�nin Mining and Petroleum Training Service •cottDent" BMWs for the Gran Meek training prolectand Mr. Bob Strother of the Anchorage MAM office will con - Scott Aviation has recently donated 10 duct the newly employed surface alter and an - new Scott 4.5 SCBKa and 10 Scott SNA PAi & to nual refresher MSHA training for Nome operators. MAp75 for use in Fire naming. Asbestos Abate- 1b delbw mandatory training by on -site person- ment. Cor&wd Space Entry, Hazardous Waste net. Dennis Stelly and Debbie Kendrick will con- Operailons and Hydrogen Sulfide Safety and ductaMSHA000perathelrutructmahoollatem Response. 'n%s donation Insures that our stu- July for interested personnel In Nome. dents oval be training on equipment identical to Jeff Burton will assist over the Summer that found in the workplace.' stated Debbie Ken- and Into the FSA Semester in of mining skills drick. Head of the Division of Occupational Safety instituting an ongoing program Q Health. last year ours 1200 of our students and awareness training at the high school level required training In respiratory protection. and hopettrny. leading to increased employment op- NiOSH standards require annual rebesher tram- portunities for Nome residents In the expanding Ing, mining industry on the Seward peninsula. Both MAPTS existing Scott 2.2'e and MSA SCBAappamtus will continue to be used In train - Groom Creek Training Completed Ing for those companies utilizing that equipment. Mar WUal phase of the Juneau based Nome Mine Training training for underground miners was completed to Begin In May on April S. 1988. forty-four years to the day after the last gold mine in Juneau. the Alaska AJ was Aslgnitleant new program of mine training closed. One hundred eighty-nine students'were willbegminNoaeinmid-May.1988.1histraining accepted Into the program with 142 becoming arose from a series of meetings conducted with certified new underground miners. Mr. Lee Industry representatives, MAM staff and NWC Feavola of UAS coordinated the k►gistics. recruit- admWstrauon last pall in Nome. Employers ment. registration. facilities and much ofthefund- Identified the job skins necessary for their fag on behalf of the program. A Wayne Erickson operatiom and requested aprogcarnwhichwould was project coordinator. Mr. Sob Orefg. Lead in - provide those skills to existing employees as well structor. Scott Eubanks. Asat. instructor. Basil as new hires. Drake. AWL Instructor. and Buddy tang. Asst. MAM was successU in acquiring a Instructor. Debbie Kendrick directed the manda- grant to conduct the initial phases of this training tory MSHA program and Dennis Sicily assisted in tbroughhat.DlrectorDebbieKendrick and Lynn the overall program as needed. Taylor of the Juneau JPPA ofllce. Along with the 'fits program was unique in that no State job skills training. Mr. Bob Oreig. Lead Instructor general Hands were involved. From the Initial goAINO - __._ • _ . __. tS Mq rns MAPTS n;anM BWM M •May tW PAge! ahead to and graduation was lea than 200 days underwaybythe newowners WhftwM matclidlY InwMlch time all cu rdculum and course materials contribute to the effectiveness of the facday. Your had to be written. facilities located and flucrished. patience and understanding during the move and staff Identified and hired. permits and training in the use of the new facgtty is appreciated. plans approved and underground odatatfon AVMC oMclals expect the move to be provided. As usual in such projects, the primacy completed by the end of May. Ui88. problems encountered were parking MA coPler AHM CLASSES IN pR00REW use. 7b have all students trained within The AMAHERAAsbestos class offered by budget and within time constraints, three afmul- MAplSwnconductedingauddudogtheweekof toneous wagon* were conducted concurrently 11 April. itend was chosen due to the prime with a total of an sessions ores the 12 week avadabillty of 64MUes and school areas for re- program. This required some occasions when qua hands-on portions of the course. Both Instructors had to be scheduled loom 0AM Feder and State evaluators attended the course through 10.30PM several days 1n a row. In adds- to cerUy the program which was attended by 1S tom the underground mine made availableforour AsbestasprofessfonWs. AHERAboneareawhere underground orientation was only avaUable on wa ate seeing competition horn other state agar- Sundayrequiring aUInstructors 10turaOut fofthe des offering competitive training. MARS Is cuc underground trips each Sunday rently able to offer this trasetng at a considerable mAM extends our utmost thanks to Lee sysngscompo edtoanyeompeUUve progmmand paavola of UAS and his staff for their assistance wMuvmaotethbappumtdupUmUonofefforL during the course of the project and all the other folks in Juneau who pulled together to make this �� IMAINTI G CERTIFICATION TRAIN�O R�tiiRED the largest directed vocational project In the states history, and give 142Juneau residents an opportunity for a career within Alaska. .me legislature has passed abill requiring certain paiaters to undergo 16 hours of eertifica- W91M CONTROL SUMMATOR DEIATRO Uon training. and receive a certificate issued by the Department of Labor prior to engaging in eertainacUvliles.7he tratNngrequiresboth prac- Acquidtlonofthe newwell control stmula- for has been delayed by a legal challenge byons of tieal and written acumination In methods of ven- Watson, respirator selection. physiological effects. the two vendors. The University to scheduled to respond in covet late in April to the challenge to use of painting tools, health dr sdety laws and regulations and other appropriate subjects. allow the purchase to go forward. Our sincere thanks to the folks in UAA purchasing who have MARS has prepared a topical outline of* pro - posed training program to be offered statewide for stuck with this project. We anticipated flerce eompeUton between the two vendors and have the Department of Labors comments and ap- pro►al. Inquiries may be directed to MAP1S. 262- not been disappointed. MAM now expects to 2788. have the new simulator In place and operational ASBESTOS TRAf1WO CONTOM by early AugNat.1t188. ANCHORAGE OI'fICEB TO 11[OVE Asbestos related training demand eonUn- ues unabated throughout the state. Most recent MAPrS and AVMC wo be vacating the requests have related to the requirement that custodisl personnel have a minimum of 2 hours offices on the Old Seward Highway which we have occupied for the t three years. The new lease asbestos awareness training to work in public cehoolL In addition. the Marine Highway System has ban awarded and the offices will move to the corner ofTudor and Lake Otis In.the Medkd AM is requesting awareness training for certain deck and engineering Peel and abatement trainwillbe budding. Although we do not anticipate that the as amenable to Instruction as new space wthe log for persons lm lved with abatement proce- dares. HlghwOy_7YaWngaUlpreceed present location, we are bound by the new -TheMuuine as Boon as instructional personnel complete their state procurement regulations. Renovations are a... . i ,I I I N" son MAPTS TAMINAMG BULLE17N— May 19V Pose current calendar of trainingprograms. Interested Chief fire instructor 9W Harris has com- employersmaycontact the SoldotnaMAPISoMee an e*enstft r of flammable fire ellquid at 202-2788. schools nationwide to for the new grounds. design committee: will be formed FIRE SCHOOL SC1 BOULS •1i.I. 0 UP N the near futon to begin working with UNversf ty r architects and engineers in the actual formula- The latest schedule of 11re schools for the tion of the plans. Volunteers are needed for this ltenaf Fin Training Facility is available from the design committee Soldoina oMee. Several days wW be scheduled as open enrollment days. Bequests have been re- NATIONAL SAFETY CCDIREC��C1L APP011e1T8 cetved Born a number of companies who are unable to till an enure school without disrupting work schedules. but would send a few at a time 1f 'fie National Safety Council has aP- MAPTS Director Dennis Steffy to the opea enrollment were available. MAP'1S must operate all fire schools on a totally sew supporting pointed Executive Council for the Division of Mining. The basis. so your support in helping to fig these open -enrollment schools isvital if they are to be a National Safety Council has established divisions for specialized areas of safety consideration- Mr - viable means of supporting industry training needs. For additional Information. please contact Ben Sheppard. formerly of Greens Creek Mining nominated Mr. MAY�r degkp���chm�e the Soldotna office. year safety and health issues. FIRE GROUNDS UPDATE Uhm TO SPA AT MSHA - Indications from Juneau am that the CONFERENCE appropriation for relocating the Kenai fire grounds is on track Special thanks an in order to MAPS has been invited to present a paper the Western States `OSHA Conference In Den - Fischer for their Rep. Mike Navarra and Sen. Paul F attention to this matter and Pat Malone of Rep. hrd Colorado on May 18 regarding the recent ve ha inning program in Juneau. paper NavarWs office for his efforts on producing t4 : fiscal notes and support data Site acquisition fs will present ere7he MS present the results of a study whereby the ��n�' proceeding through channels and appears to be in the sklence fining Portion ingwaa Incorporated 1n the skills training portion incorporated the road to reconciliation. Several new props have been proposed of the program. The Western States conference to an annual presentation. hosted by a different and two are currently under construction. MAPTS will have a welder/fitter on staff for the month of Western state each year. One of the major differ - ences between the Western states and other parts May to perform modifications and construction accepted by the Fin Health i of the country to the predominance of metals mining. and hardroek mining 1n particular. This te& several al Brentmit- tee. One new prop simulates several different situations involving a 500 gallon LPG storage gives the trainers an excellent opportunity to interact with peen and benefit from information tank The other 1s a connection five valves with bypass Bops and tine leaking flanges surround- 'firs end training materials brought to be shared. The MAPTSdelegate willbe lobbying for an increase in Mg a wo h tectanguler tank. prop re-MSHA qufnatarohoseteamsandemphaslzesteamwork State Grant funding to reflect the increase fnthe number ofAlaskan miners. Other existing props are being replicated for in- stallation on the new grounds. GET YOUR TRAINING PLANS FiLEDI A suggestion has been received to con- struct the wastewater sump of impervious mate- As Alaskan miners begin their SS season. rialwtth a depth of 3-4 feet sothatoil spill recovery equipment can be tested and evaluated under MSHA strongly recommends that each operator make doubly sun that their MSHA required train - actual conditions such as broken ice, etc. Coma meats an solicited on this modification of the �,gplans are in order and on file with the appro- plate MSHA office. (Bellevue for Southeast and -original grounds plan. - - - - • R H IN MAPTS TRA►NIMG RULLEIIN - May 1X7 ' riP 4 Southeentrah Boise for the remainder) if an operator is not sure of the procedure to follow to the Sterling Hazardous Waste Site and other Is - sues related to Hazardous Waste Operations on get a training plan approved. contact the MAPTS the Kenai Peninsula. Steffy -is involvement with oitlee In Soldotna ASAP. MAPTS will attempt to hazardous waste training for both operators and assist all operators in formulating a training emergency response personnel. as well as his plan In accordance with federal regulations. f imMarity with the industry on the Peninsula Mine operators are cautioned that they are should be of value to the Commission. He also required to have a copy, of an approved training operated a private consulting laboratory special. plan on the premises and available for Inepec- fzleg in hazardous materials for some 10 years. tion by MSHA Inspectors. Failure to do so may result In a citation being issued. ittfae'L1radWrrj Needs PFD DONATION In conjunction with UAS. MAPTS will be 7hankstoadonation from SahlbcrgSup- lnstitutinganewprogramofhands-ontrainingfor ply ofAnchorage. MAPTShas a new Mustang float hardrwk dewing, blasting. ground control and coats for helicopter survival training. Mr. Mike tddated aspects of the mining cycle. The program Stoddard. of Sahlberg Supply arranged the done- will utillte an existing adit in Juneau. Alaska. eon which will we Its first use in helicopter MAPTS is actively soliciting leads or donations for ditching training for Western Gold in Nome. hardrock mining equipment to support the proj- Ataska. Many thanks to Mike and Sahiberg Sup- ect. Needed are jackleg drills, steel, bits. a MY. compressor, generator, airhose, rail. orecars, lo- comotive, hand tools and the myriad other neces- KAPTB TO MEET WITH CONORE83IONAL sities of mining. Remember donations to the DELAOATION university may be taken as tax credits on state cooperate taxes. Consult your accountant for Mr. John'Thber of MAPTS will be traveling details. to Washington. D.C. In late April to meet with Alaskas• congressional delegation regarding cer- tain grants and funding for MAPTS projects. John will be discussing helicopter survival training, I.M. r' high -arctic and ice pack survival training, fire training for commercial fishing vessels and other vocational topics. MAMhas been aware forsome time that we have been missing out on a variety of federally funded programs which could be of sig- nmeant benefit to the Alaskan Industry. 'Ibis Is an attempt to get a handle on what federal programs could be of benefit toAleska in regards to training r. and development. MAPTS wishes to express our appreciation to Mr. Taber. not only for volunteer- Ing for this trip. but for paying for his own ticket. DIRECTOR IIAKED TO WASTE Statistics To Date COMM SSION ENROLLMENT 1451 Renal Peninsula Borough Mayor Don Oil- man, has appointed -Dennis . Steffy to the . CLOCB HOURS INSTRUCTION 91.181 Borough's Waste Disposal Commission. The commission Is charged with advising the Mayor CREDIT HOUR EQUIVALENT 6076 rind borough assembly on matters relating to the - - - - disposal or other disposition of wastes. The CODES OFFERED 65 commission Is currently Involved with closing out - r tu►r a, X9SEt 7'30 P.N. BOROUGH ADMIN1SHATION BU No SOLOOTNA, ALASKA E :. f '.1AV -AGENDA-.4 A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE s/�1E�21ti�C lick rd Rod ins C. 1MVOCATIONt Rsv. Jim Duncan. Assembly of God Keane D. ROLL CALL Church. Soldotna McLaen McLane ack E. VACANCY DESIGNATION OR SEATING OF ASSENBLYMEMBERS Millen F. APPROVAL OF MINUTESt April 19, Igoe O'Connell 0. COMMITTEE REPORTS Phillips Sewall Sko (a) finance (Crawford. Carey. Glick, Keen*. Vallitad 0 Connell. Haack. Nash) 1 (b) Local Affairs/Legislative (Sko seed. Click. NCOahan. Muilan, O'Connell, ph�llips) (c) [ub11C Works/Education (McLane. Brown, Medgins, .,,;•,. MCGahan, Skogated. Willi) . H. MOTIONS TO RECONSIDER I. AGENDA APPROVAL AND CONSENT AGENDA (a) Ron. 88-41 "Providing for the Selection of Certain nG'TiToe Comnyance from the State of Alaska to the Kenai Peninsula Borough' (Mayor) J. ORDINANCE HEARINGS (a) Ord 88-7 "Repemits KPB 21.05 and Re-enacting as KPB �Zitabltshin6 a Floodplain Management Program to Conform to Requirements of the National Flood Insurance Program" (Mayor e Rsq. Planning Comaission) (b) Ord. oe-10 "Aundtng the City of Seward Comprehensive n ae Ban and Asending the Seward Urban District Xontng Code and Map" (Mayor P Req. Planning Coomission) K. INTRODUCTION OF ORDINANCES (a) Ord. 88-16 "Appropriating Funds for the Borough for aca ear 11`o-Cg" (Mayor) (b) Ord. 88-17 "Making Appropriations to the Service sea* n the Borough for Fiscal Year 1988.891, (Mayor) L. CONSIDERATION OF RESOLUTIONS (a) Boo. 88-33 "Approving and Ratifying a Settlement of Custom gainst Rollins, Burdick. Hunter of Alaska. Inc." (Mayor) (b) es. 88-42 "Modifying Leave Benefits for Appendix A aneger a Personne) (Mayor) . (e) Res. 88-43 "Adopting Rules and Regulations for Funding, a�w R. �roval and Termination of Work on North Kenai Peninsula Road Maintenance Service Are* Contracts" (Mayor. Req. SA) .—�..... J .7 . tlr• �,�aw,..; • '.Sf11.-Ui�a:'�fiG+t�W-ii�dr...:ttY1±�+���i.�lJ-�i�l.�,1,47 IIl i '. M. PENDING LEGISLATION (This item lists lagillation which will be addressed at a later time as note{ not for action at this meeting.) (a) Ord. 88-16 "Aropriating 817.603.868 for School Purposes for Racal Year 1988.89" (Mayor. Req. S.B.) HEARING SET FOR 9117 ?� • .,. •. ' `' (b) Ras. 68.27 "Approving the Plat Root Alternative and a Bidding toruat for the Seward Elementary 'tE' ,.. School. and increasing the Construction Docusent Budget" (Mayor) TABLED 3115188 C N. FORMAL PRESENTATIONS WITH PRIOR NOTICE UPON SUBJECTS NOT ON THE METING AGENDA 0. PUBLIC COMMENTS AND PUBLIC PRESENTATIONS P. MAYOR'S REPORT . Q. OTHER BUSINESS - (a) Transfer of Package Store Liquor License, Black Eagle Saloon to Claw She Lochs R. ASSEMBLY AND MAYOR'S CGMMENTS f 8. INFORMATIONAL MATERIALS AND REPORTS I T. NOTICE OF NEXT MEETING AND ADJOURNMENT (May S, 1988) - i I r .. r i .. ,, F f' 'XIS - . . _ • •: j 7.� k r 4 +�7�a7i:'i�.<r.<�� ,i. ..ex.:.•'. it..6..i::.{:. w`Sa{n:6'tii::i�,;:;.�-!l���9{t�1 r r i l I a KENAt PENINSULA BOROUGH ASSEMBLY COMMITTEES, APRIL 19, 1988 I l STANDING COMMITTEESI TEMPORARY OR OTHERt �. '. ,a•a TP NAl1CK l.EfiTSfJ1T_I_VE_ tSUdl {. John Crawford, Chairpn Gail Phillips " Pat O'Connell Prank Mullen Sharon Hoock Pat O'Connell Phil Mash _ - avid Carty Batty Glick �I V Brantley Keene ,- - - "---- - -- = .-- -- ;'��--- �OCd1L PAIRS/LEfiI81.1►TIVK B•00 P.M. School Conss,_ Task Force i ----- %8• an. —wee--- 3' 0 P.N. Cieek's Cont. Re Jim SkoBsead Chaieoan Pat O'Coanalt ' Mark Hodgins. Chair Oail Phillips Sam McLane I r: Prank Mellen Pat O'Connell Batty Glick Gail Phillips Karen Nash= Jim Skogetad yTi� C PUBLIHORKS EDUCATION ''-P vt�.' s. b+ , .. ..� AS Coastal Policy Council if - John Crawford i! Sam Ketms. CM man Kenai Feninsula`401141ge i r ti . "r•; Jim Skodeted David Carey. Asm. Rep. Karen McMahan i Jack Brown Cook Inlet Aqwculture Marie Malli Great Kssns• Ages. Rep. Mark Hodgins cus V 7rd OTEs Betty Gll k, Asso. Rep. There will be • W�ork� ea i • PY SB•89 - - -• on the �ra� Data Procesains Steering Cm S p.m. in the Maenbly BE, Mark Hodgins. Mea. Rep. toof erd tnwlip.�setion will 6es n a . Sales Tax Advisory Comm. i Sharon Hook, Chun. Food will be provided. Join Crawford PhNash .. Local Hire Cots. Thepublic is invited to attend end address committee .••. meetings. ,t ,:`�:'t.• _ Petitions received by the Clerk's Office will not be - ,;,�;,•: duplicated in the packets but will be available in the Clark'• Office during regular office hours or at the Clerk's desk during j Assembly Meetings. for review. .9 • I � LWj .. {}•. �`: .�. "tea r) r 4 ALASKA CONFERENCE OF MAYORS f N o -b . 219SECONG IUNiMA AL i tf. MEMORANDUM �9g03i•1?3,fa TOs Governor Steve Cowper Members of Alaska State Legislature r�. Ar19� ' `'�t✓Lo FROM: Erling T. Johansen, PresiflenCIrGj►KfRK':, Alaska Conference of MayorsI1. DATES April 27, 1988 SUBJECT: Positions on Legislation The Alaska Conference of Mayors met in Juneau, April 21, 1988, and dis- cussed a variety of legislative issues. With this memorandum and the enclosed resolutions, I am asking you to note the positions taken on several issues and consider them in your deliberations during the Second Session of the 15th Alaska State Legislature. State and local government leaders most work together in a partnership to address the problems facing Alaska so that the action taken by the State do not restrict or burden the municipalities at the local level. Enclosed are Alaska Conference of Mayors Resolutions Nos. 88-25, 88-26, 86-27, and 88-28, passed on April 21, 1980, by the Alaska Conference of Mayors. Resolution 88-251 Supporting inclusion of $7 Million in the FY 1989 Budget for Funding Local Service Roads and Trails. Resolution 88-26s Supporting the Fisheries industrial Technology Center and Urging the Board of Regents to Investigate All Avenues of Funding to Make it a Reality. Resolution 88-27s Supporting Timber Industry Development in the Alaska Forest. Resolution 88-28 Recommending to the Alaska Legislature the Passage of HB380. In addition to passing the above resolutions, the Alaska Conference of Mayors passed a motion that there is a critical need for the upgrading of highway maintenance vehicles in- the Central Yukon-Kuskokwim River -area and, therefore, requests the Legislature to work with the Mayors of the affected -cities to resolve the issue. - I hope you will consider the positions of the Alaska Conference of Mayors and that they will be helpful in guiding your action. if you have any questions, you can contact me in Cordova at 424-6200. Enclosures ALASKA CONFERENCE OF MAYORS APRIL 21 1988 AT THE 4-21-88 JUNEAU MEETING OF THE ALASKA CONFERENCE OF MAYORS, THE CONFERENCE PASSED BY A VOTE OF 22 TO 2 AS ITS HIGHEST PRIORITY A MOTION REQUESTING THE LEGISLATURE AND THE GOVERNOR TO FUND THE FY 189 MUNICIPAL ASSISTANCE AND REVENUE SHARING ENTITLEMENT PROGRAM AT THE FY 066 LEVEL. THE REQUESTED LEVEL FOR MUNICIPAL ASSISTANCE IS $81.3 MILLION AND THE REQUESTED LEVEL OF REVENUE SHARING IS $59.6 MILLION. IN ADDITION THE ALASKA CONFERENCE OF MAYORS REQUESTS THE MIAIMUM ENTITLEMENT LEVEL FOR ALL COMMUNITIES BE SET AT $50,000.00 ,.-_...:.._.._ THE CONFERENCE OF MAYORS ALSO STRONGLY SUPPORTS THE PASSAGE OF CSHB 439 (FINANCE) "AN ACT RELATING TO ENTITLEMENTS FOR MUNICIPALITIES . AND UNINCORPORATED COMMUNITIES". - ' ERLING JrST7 PRESIDENT L4i WILLIE GOODWIN# VICE PRESIDENT O J.. ILLIAMS, SECRETARY TREASURER n C_: K r ALASKA CONFERENCE OF MAYORS RESOLUTION NO. 88-25 A RESOLUTION OF THE ALASKA CONFERENCE OF MAYORS SUPPORTING INCLUSION OF $7 MILLION IN THE FY 1989 BUDGET FOR FUNDING LOCAL SERVICE ROADS AND TRAILS. WHEREAS, Economic Development of Alaska is enhanced and accelerated by an adequate road systems and, WHEREAS, as many areas of Alaska lack adequate roadst and, WHEREAS, local service roads and trails has not been funded since FY 19851 NOW, THEREFORE, BE IT RESOLVED that the Alaska Conference of Mayors supports the FY 1989 budget to include $7 million for Local Service Roads and Trails. ADOPTED this 21st day of April 1988. Erling J h n, President Alaska fe ce of Mayors AAlaskWaVionLferenScecoof ams, ertary/Treasurer Mayors 0 - -f— - ALASKA CONFERENCE OF MAYORS RESOLUTION NO. 88-26 A RESOLUTION OF THE ALASKA CONFERENCE OF MAYORS SUPPORTING THE FISHERIES INDUSTRIAL TECHNOLOGY CENTER AND URGING THE BOARD OF REGENTS TO INVESTIGATE ALL AVENUES OF FUNDING TO MAKE IT A REALITY. WHEREAS, fishing is Alaska's second largest industry and largest i renewable resource providing benefit throughout the states and, 1 I WHEREAS, the University of Alaska has placed the Fisheries Industrial Technology Center as a priority toward economic development of the fishing } industrys and, WHEREAS, the research done on fish processing and technical appli- cations would be of benefit throughout the fishing industrys _ NOW, THEREFORE, BE IT RESOLVED that the Alaska Conference of Mayors supports the Fisheries Industrial Technology Center and urges the Board of Regents to investigate all avenues of funding to make it a reality. ADOPTED this 21st day of April 1988. •/ I Erling T. h n, President Alaska Confer ce of Mayors Conference of Mayors s 1 c. ALASKA CONFERENCE OF MAYORS RESOLUTION N0. 88-27 A RESOLUTION OF THE ALASKA CONFERENCE OF MAYORS SUPPORTING TIMBER INDUSTRY DEVELOPMENT IN THE ALASKA FOREST. WHEREAS, Alaska's forests are over -mature and valuable, unharvested timber resources are going to waste# and, WHEREAS, world economic and technology now allow for the profitable harvesting and conversion of Alaska timber to satisfy the world market demands for plywood, furniture stock and pulp# and, WHEREAS, careful management of Alaska's forests will allow for Increased timber growth, improved animal habitat, new recreational opportunities, and expanded road networks; and, WHEREAS, development of the timber industry will attract capital Investment for mills, factories, and equipment as well as creating jobs in silviculture, logging, and manufacturing# and, WHEREAS, the Alaska Constitution mandates menagement of state resources for the maximum sustainable yield# NOW, THEREFORE, BE IT RESOLVED that the Alaska Conference of Mayors hereby supports the management of Alaska's forest for the benefit of the State economy and supports the development of the timber industry, in- cluding silviculture, reforestation, logging, and manufacturing. ADOPTED this 21st day of April 1988. , 1 • Erlinq . Jo nsen, Pr s dent Alaska o rence of 1fi40rs Attest: ohn W iams, Secretary/Treasurer - - Alas onference of Mayors 1 L L M 6w ALASKA CONFERENCE OF MAYORS RESOLUTION NO. 88-28 A RESOLUTION OF THE ALASKA CONFERENCE OF MAYORS RECOMMENDING TO THE ALASKA LEGISLATURE THE PASSAGE OF HE 380. WHEREAS, the current policy governing school construction in the State of Alaska does not provide maximum equity or fiscal responsibilityt and, WHEREAS, a need exists for a new school construction policy that addresses needs with a minimal amount of political influence during the prioritization processi and, WHEREAS, the current debt reimbursement program provides neither state control over the total expenditures nor a guarantee to local communities on the level of project reimbursement as evidenced in FY88j and, WHEREAS, H8380 places a one-year moratorium on any new debt under the reimbursement program and establishes a task force composed of legis- lators, school district administrators, municipalities, and educators to report to the 16th Legislature on option for a new school construction policyl NOW, THEREFORE, BE IT FURTHER RESOLVED that the Alaska Conference of Mayors requests passage of HB380 that currently resides in Senate Finance so that the critical issue can be addressed by the task force members and a new and better school construction procedure can be developed for the State of Alaska. ADOPTED this 21st day of April 1988 Erling Jo en, President Alaska Confe ce of Mayors Attests f- 9(cnai eo► m"nity XlGtaty A PUBUC UBRARV IN SERVICE SINCE 190 163 MAIN STREET LOOP KENAI, ALA8KA 99511 1 - i Z �Fo - 7 I f REPORT FOR THE MONTH OF APRIL 1988 Circulation Adult Juvenile Easy Books Fiction Uri 394 1024 Non-fiction 1767 274 306 Total Book Circulation Films, Phonodiscs, Pamphlets, Periodicals Total Circulation Additions Adult Juvenile Easy Books AV Gifts 23 4 11 3 Purchases 71 3.2 15 7 Total Additions Remedial and Re -worked Books Adult Juvenile Easy Books AV 69 1 12 -- Interlibrary Loans Ordered Received Returned Books 128 123 94 AV 38 38 35 Interlibrary Loans by our Library Books Films Other AV 109 29 74 4862 590 5472 41 105 146 82 Volunteers Number .. 42 Total Hours .. 1048 i i I Income Fines and Sale Books 571.80 Lost or damaged Books 123.75 Xerox 408.75 Donations 30.00 Total Income for April 1988 .. $1,134.30 '-__.. ...... .......e .-4 ,R:1.-. _tt.. .,.-.-.. 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In 3 i., KENAI PENINSULA BOROUGH SPECIAL ASSEMBLY MEETING MINUTES- APRIL 12, 1988; 7%30 P.M. SOLDOTNA HIGH SCHOOL SOLDOTNA, ALASKA �,N'j34f;Gi,o A. CALL TO ORDER�� The special meeting was called to order briar%�3oan�� wall at T approximately 7.35 P.M. R v fi�}�` ��d !III B. PLEDGE OF ALLEGIANCE C. INVOCATION �•'IZO%U'�� The invocation was given by Captain. Francis Ragland of the Salvation Army in Kenai. D. ROLL CALL PRESENT: Aseemblymembere Nash. Phillips*. Keene Valli, Mullen, Crawford, Glick, Carey, Sewall. kcGahan O'Connell, Skogstad Hodgins, McLane. Browns Mayor Giiman, Borough Clerk Brindley EXCUSED: Assemblymember Moock * Arrived at MO p.m.1 excused until that time. E. CONSIDERATION OF RESOLUTIONS (a) Res. 88-37 "Determining That $17,605,866 Will Be rov a rom Local Sources for School Purposes for Fiscal Year 1988-89" (Mayor) ASSEMBLYMEMBER CAREY MOVED THE ADOPTION OF RES. 86-37. Pr a. Sewall opened public hearing. Persons speaking to the issue of the FY 88-89 appropriation for schools waves Tom Murphyy. Nikiski, Elaine Odell, Nikiski, Joni Weimar Nikiski Ami Rediski, Nikiski, Barbara Sanders. Nikieki, John Kistier, Kaliionsky, Carl Landerholm, Nikiski, Sharon Tsaughbar, Nikiski, Jo Walker, Kenai, Paul Epperson, Soldotna, Ann Kendall, Nikiski, Bill Hatch. Nikiski, Ray Frank, Anchor Point, Arlene Carver, North Kenai, Tina Smith, Kenai, Nadine Russo, Nintichik Rochelle Nevitt, North Kenai Milli Martin, Homer, Janie Mullen, Soidotna, A. E. Poynor, Nikiski, Duane Anderson. Kenai. Carol Tauriainen-Ernst Nikiski, C. A. Short, Nikiski, Gwen Gjovig, Kasilof, Catie Caraway, Nikiski. Janet Hudson, Nikiski, TThhetiis Stesney, Nikiski, Rocky Frank, Anchor Point, Dee Rappe, Pam Christensen, and Marie Becher. Nikiski, Marie English and Susie Franklin, Ridgeway, Emma Brucks, Nikieki, Arlene Wiley, Moose Pass, Segqmmoouur Mills, Sterling, Billy McCann, Nikiski, Zada F.isdersdosf, Soldotna, and Joyce Fischer, President of the Board of Education. Nineteen of -the speakers supported opening Nikiski High School and approval of the budget as presented by the school board. Nine others spoke in support of the budget as presented without addressing opening of the schools. Six expressed the belief Nikiski High School should not be opened, and four were for decreasing the budget amount without reference to the school opening. Those in support of the budget as presented commented on the restraints of the past year, following the reduction by the Assembly of the school appropriation. Several expressed appreciation for the extra effort put forth by teachers and volunteers in an effort to continue programs. Those speaking for opening the Nikiski school commented on the distance the students had to travel to Kenai, the length of time (since 1971) taken to get approval of construction of the school, and the sense of communit which would be increased by the area having its own junior/ senior high school. Those speaking for budget cute, cited the economic climate and increases in the budget requests over the past 10 years. .1- 11 KENAI PENINSULA BOROUGH SPECIAL ASSEMBLY MEETING OF APRIL 12. 1988 As there were no other persons who wished to be heard, Pros. Sewall closed the public hearing. Mr. Carey spoke in support of the budget as proposed by the Board of Education and reviewed by the Assembly and the Board in workoessions. He referred to the shortfalls in the current year's programs and urged approval, both as a teacher and as a stand-in parent, of the entire amount requested. ASSEMBLYMEMBER O'CONNELL MOVED TO POSTPONE FURTHER CONSIDERATION OF ARES. 88-37 UNTIL APRIL 19. Mr. McLane expressed support for the motion as the additional week would give time for reflection on comments made by the public and others communicating by correspondence. Also, absent assembly members would be present at that meeting. THE MOTION TO POSTPONE WAS DEFEATED BY A VOTE OF 3 YES TO 9 NOs YESi Keene. Valli, Mullen, O'Connell, McLane NOe Nash Crawford. Glick, Carey, Sewall, McGahan, Skogetad, Hodgins, Brown Mrs. Valli moved to maintain the dollar figure provided in the resolution, but add the opening of Skyview High School. It was noted that without line item control, the Assembly could not be specific as to how it would be spent. She stated that was her point, it was not appropriate the Assembly should be asked to approve an amount that included opening of one school) it was the school board's decision. She withdrew that motion and moved another. ASSEMBLYMEMBER WALLI MOVED TO AMEND THE LOCAL SHARE TO $16.873.000, NOT CHANGING THE TOTAL AMOUNT IN SECTION 1. ASSEMBLYMEMBER Q'CONNELL MOVED TO AMEND THE MOTION BY CHANGING THE LOCAL SHARE TO 018,800,000 AND ADJUSTING THE. TOTAL FIGURE IN SECTION 1. Mr. O'Connell believed the Skyvisw High School should be opened if the Nikiski one was to be stating the economic and political climate for opening it would not improve in the foreseeable future. THE O'CONNELL AMENDMENT WAS DEFEATED BY A VOTE OF 3 YES TO 11 N0i Mullen, Carey and O'Connell voting Yes. THE WALLI AMENDMENT WAS DEFEATED BY A VOTE OF 2 YES TO 12 NOf Valli and McLane voting Yes. ASSEMBLYMEMBER CAREY MOVED THE PREVIOUS QUESTION TO DISCONTINUE DEBATE ON THE MAIN MOTION AND IT FAILED, 7 YES TO 7 NO: YESt Nash, Crawford, Glick, Carey, McGahan, Hodgins, Brown NO% Keene, Valli, Mullen, Sewall, O'Connell, Skogetad, McLane * Mrs. Phillips arrived at the meeting (9t$0 p.m.) ASSEMBLYMEMBER MULLEN MOVED TO AMEND THE LOCAL SHARE AMOUNT TO $16,525,868, REDUCING THE TOTAL AMOUNT ACCORDINGLY. THE MULLEN AMENDMENT FAILED BY A VOTE OF 4 YES TO 11 N0t YESt Keene, Valli, Mullen, McLane NOs Naeh._Phillips,_Crawford,._ Glick, Carey, Sewall, McGahan, O'Connell, Skogetad, Hodgine, Brown ASSEMBLYMEMBER PHILLIPS_ MOVED -TO AMEND TAS LOCAL SHARE AMOUNT TO $15,177,000 AND SECTION 1 TO REFLECT THE REDUCTION. -2- i y A; 19, _ 1i r- KENAI PENINSULA BOROUGH SPECIAL ASSEMBLY MEETING OF APRIL 12,_ 1988 Mrs. Phillips stated there were two items neither the Assembly or School Board had an yy control over and those were an increase in insurance coots (8881,000), and negotiated salary increases (81.2 million). She believed last year's approved budget should be increased by that amount. but no more. She stated the economic situation has not improved since last year and people are no more able to pay additional taxes. The amount in the motion is last year's appropriation plus $2 million to cover the two items that could not be avoided. THE PHILLIPS AMENDMENT WAS DEFEATED BY A VOTE OF 2 YES TO 13 NO Phillips and Valli voting Yes. Mrs. McGshan spoke in support of the resolution as presented stating her usual effort to reduce the budget was overcome by her desire to see the Nikiski High School opened. in addition, she stated the Legislature's early approval of school funding and 74% bond retirement relieved the pressure the Assembly usually experienced when the amount to be provided the school district was required before it was known what would be coming from the state. Last year's forecast was particularly severe, but with the Legislature's later action, a supplemental appropriation was possible. RES. 88-37 WAS ADOPTED AS PRESENTED BY A VOTE Of 10 YES TO 9 NOs YESt Nash, Crawford Glick, Carey, Sewall, McGaban, O'Connell, Skogstad, HodgLne, Brown N0, Phillips, Keene, Valli, Mullen, McLane ASSEMBLYMEMBER O'CONNELL MOVED TO ADJOURN. Pros. Sewall gave opportunity for public comment and there was none. F. NOTICE OF NEXT MEETING AND ADJOURNMENT (April 19, 1988) THE MOTION TO ADJOURN WAS APPROVED BY UNANIMOUS CONSENT. Pros. Sewall stated the next meeting will be on April 19 in the Borough Assembly chambers. This meeting adjourned at 1000 p.m. Date approved May 3. 1980 natAaa.ewe ssem y res en ATTEST /11-) - 3 . I A. CALL TO ORDER , C"? F 1 C " V B. PLEDGE OF ALLEGIANCE 0, C. INVOCATIONi Rev. Scott Franchino, `ot D. ROLL CALL Peninsula Grace Brethren did OZ 6t$� E. VACANCY DESIGNATION OR SEATING OF ASSEMBLYMEMBERS - F. APPROVAL OF MINUTEST April S. 1988 1 4. I G. COMMITTEE REPORTS (a) Finance (Crawford, Carey, Glick, Keene, O'Connell, Moock, Nash) 1 (b) Local Affairs/Legislative (Skogeted, Glick, i McGahan, Mullen. O'Connell, Phillips) 1 (c) Public Works/Education (McLane, Brown, Hodgine, McGahan. Skogetad, Valli) 1 (d) Data Processing Steering Cmte. (Hodgine) 1 (e) Kenai Peninsula College (Carey) 2 (f) Sales Tax Cmte. (Moock) 2 H. MOTIONS TO RECONSIDER I. AGENDA APPROVAL AND CONSENT AGENDA (a) Res. 88-40 "Authorizing Budget Revisions Trans - err ng unds from Various Accounts to Establish Bud ets for the 1988-89 Minor Capital Improvement Projects" (Mayor) 2 Adopted (b) Appointment of Carole Jaffa, Moose Pass to KPB Planning Commission 2 Appvd. J. ORDINANCE HEARINGS (a) Ord. 88-8 "Amending KPB Chapter 16.60 to Provide or rocedures Regarding the Operations of the Anchor Point Fire and Emergency Medical Service Area" (Mayor) 2 Enacted a (b) Ord. 88-9 "Authorizing the Receipt of Various 1 rants Wom the State of Alaska and Appropriating j $1,045.000 to the Various Project Accounts (Mayor) 3 Enacted K. INTRODUCTION OF ORDINANCES (a) Ord. 88-14 "Appropriating 817,605,868 for School rposes or Fiscal Year 1988-89" (Mayor) 3 St Hrngg - S/17/88 (b) Ord. 88-15 "Amending KPB 2.08.080 to Provide That an seem q Agenda item That Has Been Tabled May Not Be Removed from the Table for Consideration' (NeGahan) 3 Defeated L. CONSIDERATION OF RESOLUTIONS (a) Res. 88-22 "Urging the Alaska Department of Fish an -Game to Provide Full Funding of the Trail Lakes Fish Hatchery" (Glick 6 Sewall) POSTPONED 4 Defeated f i 1 Yam, r- KENAI PENINSULA BOROUGH REGULAR ASSEMBLY MEETING MINUTES. APRIL 19, 19881 700 P.M. BOROUGH ADMINISTRATION BUILDING SOLDOTNA, ALASKA AGENDA- 02345 �n� � �js Pane No. �9 r, � �ti Page No. (b) Res. 88-28 "Requesting the Commissioner of the aATT-4 department of Fish and Game and the Gover- nor of the State of Alaska to Direct the Depart- ment of Fish and Game to Proceed with Previously Requested Research and Feasibility Studies to Determine the Potential for a Salmon Enhancement Project at the McNeil River/Lake System, Lower Cook Inlet" (Crawford/Keene) POSTPONED 4 Adopted (c) Rea 88-38 "Supporting the Formation of a Task orce y e Senate Resources Committee In Regard to Senate Bill 191. and Urging that Equal Represen- tation of All User Groups Be Assured" (NeGahan) 5 Adopted (d) Rea. 88-39 "Recommending to the Alaska Legislature as Amnd. aTh t-7= cipal Assistance and Revenue Sharing Be Funded at the 1986 Levels" (Mayor) 5 Defeated M. PENDING LEGISLATION (This item lists legislation which will be addressed at a later time as notedt not for action at this meeting.) (a) Ord. 88-7 "Re ealing KPB 21.05 and Re-enacting as KPB 21.06t Establishing a Floodplain Management Program to Conform to Insurance Program" (Mayor of RegqthePlanninglCommission) HEARING CONTINUED TO MAY 3. 1988 (b) Ord. 88-20 "Amending the City of Seward Comprehensive Land Use Plan and Amending the Seward Urban District Zoning Code and Mall (Mayor @ Req. Planning Commission) HEARIING MAY 3. 1988 N. FORMAL PRESENTATIONS WITH PRIOR NOTICE UPON SUBJECTS NOT ON THE MEETING AGENDA 0. PUBLIC COMMENTS AND PUBLIC PRESENTATIONS P. MAYOR'S REPORT (a) Revenue -Expenditure Report (b) Beluga Landfill Bids (a) Waste Cleanup Funding (d) Liquor License Hearing (e) Borough Custodian Settlement (f) Inventory of Footwear Gallery Q. OTHER BUSINESS R. ASSEMBLY AND MAYOR'S COMMENTS S. INFORMATIONAL MATERIALS AND REPORTS T. NOTICE OF NEXT MEETING AND ADJOURNMENT (May 3. 1988) L 1 Y.ENAI PENINSULA BOROUGH REGULAR ASSEMBLY MEETING MINUTES. APRIL 19, 19881 700 P.M. BOROUGH ADMINISTRATION BUILDING SOLDOTNA, ALASKA I A. CALL TO ORDER 1 The regular meeting of the aesembiy was called to order by Pres. I Jonathan Sewall at approximately 7t30 p.m. i I B. PLEDGE OF ALLEGIANCE C. INVOCATION The invocation was given by Rev. Scott Franchino, Peninsula Grace Brethren Church. i D. ROLL CALL PRESENTS Assemblymembers Jack Brown, David Carey. John Crawford, Betty Glick, Mark Hodgine, Brantley Keene. Karen McGahan, Sam McLane, Sharon Moock, Frank Mullen Phil Nash, Pat O'Connell. Gail Phillips, Jonathan Sewall, Jim Skogstad, Marie Wallis Atty. Boedeker, Public Works Director Ken Brown, Borough Clerk Brindley ABSENTS None E. VACANCY DESIGNATION OR SEATING OF ASSEMBLYMEMBERS F. APPROVAL OF MINUTES The minutes of the regular meeting of April 5. 1988 were approved with a minor correction to page 4. G. COMMITTEE REPORTS (a) Finance (Crawford, Carey, Glick. Keene, O'Connell, Moock, Neeh) Mr. Crawford reported the committee discussed only agenda items. (b) Local Affairs/Legislative (Skogstad, Glick. Mccahan, Mullen, O'Connell, Phillips) Mr. Skogstad reported the committee discussed only agenda items. (c) Public Works/Education (McLane. Brown, Hodgine, McGahan, Skogstad, Walli) Mr. McLane reported in addition to agenda items the committee heard a report from Ken Brown regarding the Beluga Landfill which was advertised for bid but later rejected due to budget concerns. The project will likely be rebid and come to the assembly again on May 17. They also had a report from Mr. Hakert relative to the Seward school, noting no further contracts will be awarded until funding is secured. The committee heard concerns of residents near the Soldotne Landfill regarding deposits of sludge and brought them up to date on progress towards a new central landfill cite. Mr. Hodgins reported in response to questions from constituents, he and Mr. McLane met with members of the school administration and school board regarding Twin Cities Productions. He reported all lquestions were answered fully and satisfactorily and had written a etter.of.report-to.the assembly and-echool board_, which he read. (d) Data Processing Steering Cmte. (Hodgins) Mr. Hodgins reported the committee discussed requests from Central Emergency Service Area and Nikiski Fire Service Area for computers. -1- in KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING OF APRIL 19 1988 (e) Kenai Peninsula College (Carey) Mr. Carey reported the Council met and heard comments from Dr. Pomeroy relative to the question of whether the college is under the sponsorship of the school board or what body has jurisdiction. Depending on how the Statutes are defined, it could mean that the Mal school district is financially responsible for all nondegree programs. Alternatively, it could be the Assembly is the sponsoring agent which would have to provide funding, or the University of Alaska. Dr. Pomeroy stressed there would be more cooperation between the college and the school district and an agreement is being drafted. The Council also heard a recommendation from Mayor Gilman that Skyview be opened as a junior high school with Soldotna Jr. High being used by the college or community school program. (f) Sales Tax Committee (Moock) Mrs. Moock reported the committee had considered a list of sugges- tions for changes to the ordinance which Mr. Nash had proposed. She stated they would be endorsing a number of the changes. They also heard from local veterinarians who would like to see their services exempted under the medical exemption. There is also a list of suggested charges submitted by staff which there was not enough time to address. The committee will meet again on May 10 at 7 p.m. and she invited all assembly members to attend as the proposed changes are substantial. H. MOTIONS TO RECONSIDER I. AGENDA APPROVAL AND CONSENT AGENDA Pros. Sewall stated Rea. 88-37 should be deleted as it was adopted at the April 12 meeting, after this packet was printed. Mrs. McGahan reported that Res. 86-38 has been corrected and copies provided and she wished this version to be on the agenda. Mr. Skogstad requested Res. 88.39 be moved from the consent agenda to Item L(e). Mr. Crawford requested setting for hearing of Ord. 88-14 be placed on the consent agenda, but there was objection. The Agenda and Consent Agenda was approved without objection, as follower (a) Res. 86-40 "Authorizing Budget Revisions Transferring F nde -rr m Various Accounts to Establish Budgets for the 1968-89 Minor Capital Improvement Projects (Mayor) (b) Appointment of Carole Jaffa, Moose Paso to KPB Planning Commission J. ORDINANCE HEARINGS (a) Ord. 88-8 "Amending KPB Chapter 16.60 to Provide for Procedure Regarding the Operations of the Anchor Point Fire and Emergency Medical Service Area" (Mayor) ASSEMBLYMEMBER VALLI MOVED THE ENACTMENT OF ORD. 88-8. Public hearing was opened and as no one wished to speak, was closed. ORD. 88-8 WAS ENACTED WITHOUT DISCUSSION, BY UNANIMOUS CONSENT. (b) Ord. 88-9 "Authorizing the Receipt of Various ran s rom the State of Alaska and Appropriating $1,045,000 to the Various Project Accounts" (Mayor) ASSEMBLYMEMBER CRAWFORD MOVED THE ENACTMENT OF ORD. 86-9, Mr..Crawford reported Finance Cmte. had a "do page" recommendation. . Public hearing was opened. -2- KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING OF APRIL 19 1988 I Mar li Sisson. Sterling, expressed concern for the solid waste issue, e ev ng the entire 51,045.000 should be applied to dealing With that problem. She reported repeatedly hearing "there is not enough money when bring problems to various committees. She advised looking at alternative solutions than another dump site which ends up contaminating the water. She urged programs such as recycling to be considered, stating it would cost millions to correct existing problems. Public hearing was closed. Mr. Carey expressed support for the ordinance, noting it includes five different grants received from the state for specific uses. $647,000 dedicated . was to the solid waste problem. ' Mr. Nash asked what the designation "Roads/Waste Disposal Repair" included. Mr. Ken Brown reported the designation was intended to - -'- close out the Sterling Special Waste Site with drilling of testing wells, and destruction of the access road. f Mr. McLane reported Public Works Cmte. discussed the appropriation. noting the $500,000 of this grant would be used for cleanup and the closeout effort will include an infusion of local funds to complete. In response to questions from Mrs. Phillips, Mr. Brown reported the Bear Creek Garage would be located adjacent to the BC Fire Station. - - El to house the emergency vehicle. The Nikieki Fire portion would repair the roof and replace a deteriorating slab. The Nikiski * Pedestrian Safety items included lighting near the Nikiski Elementary Nikiski school, near the High School and a bike path near North Star Elementary. He noted a bike path from the high school to the inter- section (where the fire station is located) was requested as well, 4 ._ but there was insufficient funds for both this and lighting. Mrs. McGahan questioned where the request for that bike path had origins- `4 ted. Mr. Brown stated his information came from Juneau as a result of a Nikiski area request. Mr. Jack Brown supported Mrs. McGahans assertions that bike path money was only requested for North Star Elementary. ORD. 86-9 WAS ENACTED BY UNANIMOUS CONSENT. K. INTRODUCTION OF ORDINANCES 4 (a) Ord. 88-14 "A ropriating $17,605,868 for School rposes %r Fiecal Year 1988-89" (Mayor, Req. S.B.) ASSEMBLYMEMBER GLICK MOVED TO SET ORD. 88-14 FOR HEARING ON MAY 17, ;s 1968. It was noted the Finance and Public Works committees supported passage. Mrs. Phillips stated she could not support the ordinance on a philosophical stand. She stated her objection was not based on a f decision on Nikiski High School but on the budget itself. She could not support a budget with a 26% increase over last year. All levels of government are working to cut expenses to reflect the economic climate and she did not believe this bud et fit that criteria. During workeessions the board voted on $209,000 in cute which never were made to the actual budget in regular session. ORD. 88-14 WAS SET FOR HEARING BY A VOTE OF 14 YES TO 2 (Phillips and Walli) NO. {; (b) Ord. 88-15 "Amending KPB 2.08.080 to Provide That an eaeA mTs_y Agenda Item That Has Been Tabled May Not Be -. -- - Removed from the Table for Consideration" (McGahan) ASSEMBLYMEMBER McGAHAN MOVED TO SET ORD. 88-15 FOR HEARING ON MAY 17 WITH THE DELETION OF "unfavorable" FROM IN PARAGRAPH B. i 1 -3- f L I KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING OF APRIL 19, 1988_ Mrs. McGahan stated she had no particular wish to see this rule established, only to bring the matter to a vote so that it would be clear in the future. Mason's reference to an item Tabled as not finally disposed of "unless the rules clearly so provide or unless the practice is established beyond question." She felt it had been the practice to treat items Tabled as politely defeated, but the rule should be set out in the code of ordinances or the opposite estab- lished by the defeat of an ordinance to put it there. Mr. Nash believed the opposite view should be stated in a substitute ordinance so that in either case, the decision would be established in the Code. Mrs. Glick also believed items had remained Tabled for a length of times some were removed to be voted on at a later time and some to remain until the end of the current Assemblyterm. She felt Mason's was clear as written and there was no need for an ordinance. Pros. Sewall passed the gavel to Vice Pros. Carey in order to comment he would support taking the ordinance to hearing so that the action, for or against, would be clear on the record. Mr. Carey returned the gavel. Mr. O'Connell commented since there is no debate following the Tabling motion, if it is final, there is no opportunity for the minority side to be heard. The motion to Postpone Indefinitely would accomplish the same thing, only gives the opportunity to debate. He felt the policy adopted with Mason's is clear. Mr. McLane supported the Tabling motion as a means of postponing an action until another time, perhap s until more information is gathered or some situation is altered. He believed the resolution regarding the Seward school was an example, he moved to Table with the idea whenever the information was received it could be removed from the table and be acted upon. ORD. 88-15 WAS DEFEATED BY A VOTE OF 4 YES TO 12 NO AS FOLLOWSi YES: Mullen, Sewall, McGahan, Brown NOs Nash, Phillips, Keene, Walli, Crawford, Moock, Glick, Carey, O'Connell, Skogetad, Hodgins, McLane L. CONSIDERATION OF RESOLUTIONS (a) Res. 88-22 "Urging the Alaska Department of Fish and am; rovide Full Funding of the Trail Lakes Fish Hatchery" (Glick 6 Sewall) POSTPONED, 4/5/88 ASSBMBLYMEMBER GLICK MOVED THE ADOPTION OF RES. 88-22. Mrs. Glick stated in light of the fact a resolution of similar nature was adopted at the meeting of April S, she felt defeat of this resolution would have no adverse effect. RES. 88-22 WAS DEFEATED BY A VOTE OF 1 (O'Connell) YES TO iS NO. (b) Res. 88-28 "Requesting the Commissioner of the Alaska apartment of Fish and Game and the Governor of the State of Alaska to Direct the Department of Fish and Game to Proceed with Previously Requested Research and Feasibility Studies to Determine the Potential for a Salmon Enhancement Project at the McNeil River/Lake System, Lower Cook Inlet" (Crawford/Keene) POSTPONED ASSBMBLYMEMBER CRAWFORD MOVED THE ADOPTION OF RES. 88-28. -4- KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING OF APRIL 19, 1988 Mr. Skogstad reported Local Affairs Cmte. had a "do pass" recommenda- tion. RES. 88-28 WAS ADOPTED BY UNANIMOUS CONSENT. (d) Res. 88-38 "Supporting the Formation of a Task Force yythe �3enato Resources Committee In Regard to Senate Bill 191, and Urging that Equal Representation of All User Groups Be Assured" (McGahan) ASSEMBLYMEMBER MCGAHAN MOVED THE ADOPTION OF RES. 88-38(CORRECTED). Mr. Skogstad reported Local Affairs Cmte. had received public input and with the correction supported adoption. Clark Whitn ey reported there are three major user groups that provide commerc a services for hunters in the etatet air taxis, outfitters and guides. He described how each provides a particular type of service and has its own clientele. He stated at this time only guides are required to abide -by regulations and guidelines. He reported there were 34 versions for SB 191, introduced in the last session and brought forward with a new number. Senate Resources Cmts. couldn't reach a consensus and recommended a Task force be formed to study the issue and make recommendations. He reported today the bill was amended on the floor of the Senate to read as it did two years ago, which would put all the outfitters out of business effective immediately. Most have signed contracts with clients, have purchased supplies and made other arrangements for the coming season. kie stated the economic impact on the Peninsula would be considerable. He urged passage of the resolution, supporting waiting until the Task Force has made its recommendations before putting people out of business. Bill Johnson stated the outfitters were becoming a recognized group and were willing to be regulated, but the provisions of 8B 191 would curtail business the outfitters are developing. Tourism is an Important economic factor and the impact of closing down the outfitters would be felt throughout the state. Tourists are booked for the coming season from outside the state. He felt the task force was set up in ggood faith. The Guide Board is up for sunset review year ear and it appears the proposed legislatirn is an attempt to place control of ail big game inAlaskain the hands of a few. He hoped the effective date would be delayed until the task force has been able to make equitable recommendations for the legislature. He stated in answer to a question there were just under 400 registered guides in the state but the number of outfitters in ununown at this time since they are not licensed. Vern Porter stated he had been providing hunter services in the state or years and he recognized problems with the user groups and game management. On the Peninsula, black bears kill 5 times the number of moose hunters kill, but registered guides don't harvest the excess black bears, while outfitters do. He reported in Kodiak. about 10,000 deer are harvested every ear and 2 registered guides to address prde oblems hunting servii over and under harvest f games task orce regulating outfitters. Public hearing was closed. Mrs. McGahan stated the Section 2 in the corrected resolution is a result of the action taken by the Senate today to amend with an immediately effective date. It would seem futile for the task force to do its work, evaluate its findings if regulations have already been put in place with SB 191. Mr. Nash expressed confusion concerning the Section 2 addressing effective dates. ASSEMBLYMEMBER McGAHAN MOVED TO AMEND TO SUBSTITUTE THE FOLLOWING SECTION 21 (as suggested by Atty. Boedeker) -5- F� t�. KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING OF APRIL 19, 1988 "Section 2. That the Assembly opposes any version of SB 191 or other legislation that would restrict or possibly eliminate any user group until after the Task Force has completed its work and made its recommendations." THERE WAS NO OBJECTION TO THE AMENDMENT. Mr. O'Connell asked Mr. Boedeker if the legislature had the power to take action which voids current contracts bald by the outfitters. Mr. Boedeker believed such legislation would be held unconstitutional insofar as it impaired existing contract rights. Considering the legislation may be merely regulatory and the contracts actually prospective. it to a blurry issue. Mr. Skogstad expressed his concern for mismanagement of the game that has existed and abuses that would continue to occur if regulations are not imposed this year. He felt uncomfortable in sending the message in this resolution to Juneau without knowing more about the issue. ASSEMBLYMEMBER SKOGSTAD MOVED TO POSTPONE RES. 88-38 UNTIL MAY 3. Mr. Nash spoke against postponement of the resolution of support for the task force, which he believed would be like saying "don't confuse me with facts." He felt even if there were serious abuses, a portion of a year for study would only be a means of learning how to approach it in the future. THE MOTION TO POSTPONE WAS DEFEATED BY A VOTE OF 4 YES TO 12 N0: YE8i Sewall, O'Connell, Skogetad, Hodgins NOi Nash, Phillips, Keene, Valli, Mullen, Crawford, Moock, Carey, Glick, McGahan, McLane, Brown Pres. Sewall passed the gavel to Vice Pros. Carey in order to state he would reluctantly vote against the resolution, in spite of the testimony received he did not feel knowledgeable enough on the subject to advise the legislature. Mr. Carey returned the gavel. RES. 88-38 WAS ADOPTED BY A VOTE OF 12 YES TO 4 NO: YESt Nash, Phillips, Keene, Valli, Mullen, Crawford, Moock, Carey, Glick, McGahan, McLane, Brown N0: Sewall, O'Connell, Skogetad, Hodgins (a) Rea. 88-39 "Recommending to the Alaska Legislature aTttMunicipal Assistance and Revenue Sharing Be Funded at the 1986 Levels" (Mayor) ASSEMBLYMEMBER GLICK MOVED THE ADOPTION OF RES. 88-39. Mr. Crawford reported Finance Cmte. had a do pass recommendation. Mr. Skogstad reported Local Affairs Cmte. received a phone call from Mayqor Gilman in Juneau. He reported the resolution is asking for $41 million more than the Governors recommended budget and he questioned where the additional funds would be pulled from. Also, it would benefit the larger municipalities the most. Mrs. Phillips urged defeat of the resolution, noting the Senate committee addressing the it today passed it without additional funds. She did not believe the assembly should go against the stand it had taken for -the loot year .and ask for an increase. Mr. -McLane and Mr, - Brown concurred. Atty.-Boedeker-stated on behalf of -the -Mayor -that there is no urgency to pass this resolution. He had made a commitment to sponsor it but since the budget is far from balanced at this point, it was not realistic to ask for more. - 6 - rr'all M,: 1 KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING OF APRIL 19, 1988 i'. RES. 88-39 WAS DEFEATED BY A VOTE OF 2 YES TO 14 N0i O'Connell and Crawford voting Yea. M. PENDING LEGISLATION (This item lists legislation which will be addressed at a later time ae notedt not for action at this meeting.) " (a) Ord. 88-7 HEARING CONTINUED TO MAY 3, 1988 i j! (b) Ord. 88-10 HEARIING MAY 3, 1988 N. FORMAL PRESENTATIONS WITH PRIOR NOTICE UPON SUBJECTS NOT ON THE MEETING AGENDA 0. PUBLIC COMMENTS AND PUBLIC PRESENTATIONS — - P. MAYOR'S REPORT �► -.`-_----'.::.-- (a) Revenue -Expenditure Report (b) Beluga Landfill Bids Mr. Boedeker reported the bide exceeded the estimates of available funds and were rejected as a result. Documents are being prepared to rabid the project as a straight landfill operation, not including the large dumpeter or burnbox. i (c) Waste Cleanup Funding • Mr. Boedeker reported approximately $150.000 could be designated by the state for investigation of potentially hazardous sites. To initiate, it would require a vote of the assembly as it can only be provided through the Borough. (d) Liquor License Hearing j Mr. Boedeker reported the hearing officer for the Kasilof Store and Short Stop Liquor protest has been appointed and the hearing will i take place on April 26 and 29. (e) Borough Custodian Settlement Mr. Boedeker reported there was arbitration of a grievance by the KBEA regarding the contracting out of custodial services and the - decision was that the Borough violated its contract with the association and has been ordered to reinstate the custodial staff with back pay. It had not been determined how this would affect the current contract staff. (f) Inventory of Footwear Gallery Mr. Boedeker reported approximately 011,000 was received from the sale of about 1600 pairs of shoes to be applied against delinquent taxes owed. Q. OTHER BUSINESS R. ASSEMBLY AND MAYOR'S COMMENTS Mrs. Glick announced the Kenai Caucus will be meeting April 22 via teleconference. She anticipated taking action on a proposed deer transplant and legislative items. She encouraged attendance. Mr. Mullen requested a report on the amount of the fiscal note on the employee grievance -when _it .is -available.. ` Mrs. Walli noted HB 556 would amend Title 14 which regulates school law _regarding- _what is. covered .by binding arbitration. She - urged- - - -- - - ----- -- " -- --- ---- --- Assembly members to study the issue and contact legislators. -7- .i x 9 _ j J T 4 . r, r- KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING OF APRIL 19. 1988 Mrs. Phillips encouraged input of ideas on the community college long range plan to the Council. She reported the first Oceantrawl ship is on the way and will be in Homer soon. Mrs. McGahan reported the open house for the Nikieki High School on April 15 was a great success, well attended and everyone pleased. She reported hearing federal level plane to expand the Lake Clark Wilderness Area which would affect a number of Peninsula residents. She would appreciate any information available. Mr. Hodgine requested Maintenance to place a guard on the Assembly Room light switch. He noted receipt of a letter regarding fees which will be charged at the campgrounds beginning May 1. He reported the North Peninsula Chamber or Commerce will have a crafts fair on June 11 at the Nikishka Mall. Mr. Brown reported an official community opening of the Nikiski High School will be held in June with an announcement to come later. On the subject of the proposed deer transplant, he believed it would benefit the economy of Seldovia, Port Graham and English Bay, both from the standpoint of hunters and of tourists. Pros. Sewall reported receiving calls on the need for road mainten- ance. He wee aware the service area funds were low and asked what the procedure would be for accessing tax revenue which was approved at the last election. Mr. Baedeker stated since the road maintenance service areas have not levied a tax up to this time be did not know whether they had been assigned tax code designations. Pros. Sewall stated he would like to see a program of what could be expected for what amount of mill levy placed before the voters prior to any assessment, even though it was approved in concept. S. INFORMATIONAL MATERIALS AND REPORTS T. NOTICE OF NEXT MEETING AND ADJOURNMENT Pros. Sewall stated the Assonbly would sit as a Board of Equalization at 6 p.m. on May 3, 1988 with a regular meeting to follow at 7:30 p.m. Date Approved: May 39 1988 na an ewa , AssaiDly Preslaent ATTEST: IN-10 To D 8' -77 IYI 6-1 a , dtt ram' oe )2•